6 Aug 2015
SNE ENGINEERING CO LTD v. HSIN CHONG CONSTRUCTION Co LTD AND ANOTHER
- Citation
- SNE ENGINEERING CO LTD v. HSIN CHONG CONSTRUCTION Co LTD AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV88/2014
The Court of Appeal affirmed the trial judge: the short-term patent was invalid for insufficiency (the specification and diagrams failed to enable a person skilled in the art to perform the claimed rotator-and-wedge method) and was also rendered invalid by enabling public disclosures/observations at the site; s129(1) places the legal burden of proving validity on the patentee and a mere search report is not by itself conclusive; Chim Kee was not liable as a joint tortfeasor because it did not perform all claim steps nor was there pleaded evidence of a common design; costs awarded against SNE…