1 Sept 2021
KINGTIME INTERNATIONAL LTD PETRONAS CARIGALI SDN BHD
- Citation
- WA-22IP-55-11/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22IP-55-11/2018 (Mahkamah Tinggi)
The application for summary judgment was dismissed because the defendant raised bona fide triable issues of fact and law—notably the binding effect/admissibility of the Petrofac judgment against a non-party, potential res judicata/abuse of process, the correct interpretation and application of s.59(3) Patents Act 1983 (limitation) and whether the WHSS falls within the patent claims—that cannot be resolved on affidavit evidence and require full trial examination; therefore Order 14 relief was inappropriate.