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(영문) 특허법원 2015.09.17 2014허5756
등록무효(특)
Text

1. The decision made by the Intellectual Property Tribunal on June 24, 2014 regarding a case No. 2013Da3441 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. Name of the instant patent invention 1: The specification of the instant patent invention of the vibration rier and prior inventions indicate “vibration ripers” as “vibration ripers,” but the “vibration ripers” is a correct expression. 2) Date of application/registration date/registration date/registration number: January 6, 2007; 10-878296, Jan. 6, 2007; 4) claims and main contents of the instant patent invention: Plaintiffs 1.

B. Prior Inventions 1) Prior Inventions 1 (No. 1) (No. 1) on December 7, 2006, 2006, with respect to the “BS Babroman,” published in the Korean Utility Model Gazette No. 20-043903 on December 7, 2006, its main contents are as follows: 2) Prior Inventions 2 (No. 2) on July 12, 2007, published in the Korean Patent Gazette No. 10-741245 on July 12, 2007, and its main contents are as set forth in attached Form 2(2).

3) On July 25, 2006, published on July 25, 2006, pursuant to Section 7080958 of the U.S. Patent Gazette, the main contents of the prior invention 3 (No. 3 (No. 3) are “Vibraisory ptile driever/ex 6bolor” with regard to “Vibraisor dror dror dror drat drat drat drat dr/ex drat drat drat drat dr. d. 4.) prior invention 4 (No. 4. d. 4.) published on October 14, 1986, as indicated in Section 4616716 of the U.S. Patent Gazette, the main contents of the prior invention are as indicated in Section 24(4) of the attached Table.”

5) On November 2, 1999, prior invention 5 (No. 5) pertaining to the “pactical vibration emitting vibration” as stated in Article 20-0167406 of the Korean Utility Model Gazette, and its main contents are as specified in attached Table 2(5). C. On December 31, 2013, the Defendant filed a petition with the Intellectual Property Tribunal for a trial to invalidate the instant patent invention against the Plaintiffs, and the Plaintiff filed a petition for correction of the instant patent invention on May 12, 2014.

2. On June 24, 2014, the Korean Intellectual Property Tribunal receives a correction request in this case, and ② Paragraphs 1 and 2 of this case.

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