Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Remedies - injunctions and damages
  • 21 Feb 2020

    EMERICO SDN BHD MAXVIGO SOLUTION SDN BHD

    Citation
    WA-22IP-62-12/2018 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22IP-62-12/2018 (Mahkamah Tinggi)

    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 constructio…