EMERICO SDN BHD MAXVIGO SOLUTION SDN BHD

EMERICO SDN BHD MAXVIGO SOLUTION SDN BHD

The Court held the UI valid and enforceable because statutory time extensions from MyIPO rendered the divisional and conversion filings timely, the Claim is clear and supported by the specification, and the Defendant failed to prove anticipation by any single prior art (mosaicking and reliance on common general knowledge were rejected). The Court rejected the credibility of the Defendant's experts due to lack of independence and gave greater weight to Plaintiff's independent experts. On infringement the Court found the Defendant's products embody all claim integers under purposive construction (Actavis/Improver tests) and therefore infringe; judgment entered for Plaintiff for prayers...

Citation
WA-22IP-62-12/2018 (Mahkamah Tinggi)
Parties
Plaintiff: Emerico Sdn Bhd; Defendant: Maxvigo Solution Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 February 2020
Case Number
WA-22IP-62-12/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Utility Innovation (minor Patent) Invalidation and Infringement / Trial Judgment
Outcome
Judgment for Plaintiff; Defendant's counterclaim dismissed
Legal Topics
Utility Innovation, Patent Invalidation, Patent Infringement, Expert Evidence, Remedies Injunctions and Damages
Source Language
Malay/English
Intellectual Property Patent Law Civil Procedure Evidence Utility Innovation Patent Invalidation Patent Infringement Expert Evidence +1 more

Case Brief

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Parties

Emerico Sdn Bhd

Plaintiff

Maxvigo Solution Sdn Bhd

Defendant

Procedural Posture

Civil Suit Utility Innovation (minor Patent) Invalidation and Infringement / Trial Judgment

Legal Issues

  1. 1 Whether the registered utility innovation (UI) should be invalidated for procedural non-compliance and lack of novelty
  2. 2 Whether the Defendant's notepad protective sleeves infringe the Plaintiff's registered UI

Ratio Decidendi

The Court held the UI valid and enforceable because statutory time extensions from MyIPO rendered the divisional and conversion filings timely, the Claim is clear and supported by the specification, and the Defendant failed to prove anticipation by any single prior art (mosaicking and reliance on common general knowledge were rejected). The Court rejected the credibility of the Defendant's experts due to lack of independence and gave greater weight to Plaintiff's independent experts. On infringement the Court found the Defendant's products embody all claim integers under purposive construction (Actavis/Improver tests) and therefore infringe; judgment entered for Plaintiff for prayers...

Court Disposition

Judgment for Plaintiff; Defendant's counterclaim dismissed

Orders

  • Judgment entered for the Plaintiff in respect of prayers (1) to (15) of its claim
  • Defendant's counterclaim for invalidation and damages dismissed