Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Claim construction

Legal area

Court

15 Jun 2023

Powerscan Company Limited 1. ) Nuctech Company Limited 2. ) Tsinghua University

Citation

W-02(IPCV)(W)-283-02/2015 (Mahkamah Rayuan)
Court

IPCV
Case number

W-02(IPCV)(W)-283-02/2015 (Mahkamah Rayuan)

The Court held the '862 Patent is valid (no suppression; novelty and inventive step established), the BT-Scan and BP-Scan systems infringe the asserted claims (claims 1 and 9), Goh is not personally liable for the company's infringement, the application to regularize the amended MOA was dismissed, and costs were adjusted upward on cross-appeal.
8 Jul 2020

1. Sungei Kahang Palm Oil Sdn Bhd 2. Profina Teknik Sdn Bhd YKL Engineering Sdn Bhd

Citation

J-02(NCVC)(W)-1988-10/2016 (Mahkamah Rayuan)
Court

NCVC
Case number

J-02(NCVC)(W)-1988-10/2016 (Mahkamah Rayuan)

The Court held the patent was invalid for lack of novelty and, alternatively, for obviousness because the respondent's purported invention had been previously disclosed and used (prototype at Keck Seng, Kim Loong drawings and Desa Kim Loong machine and industry publications) prior to the priority date; the prototype was not shown to be confidential or subject to enforceable restrictions and therefore formed part of the prior art; the dependent claims likewise lacked novelty/ inventive step; consequently patent and copyright claims failed and the appellants' counterclaim (declarations of inval…