JUDGMENT

Lim Chong Fong J:

Introduction

[1] This is a case on invalidation and infringement of a utility innovation in respect of a notepad protective sleeve.

[2] The Plaintiff is a private limited company involved in the business of design, manufacture and trade of IT solutions and related hardware for a variety of industries such as banking, telecommunications, aviation, insurance and logistics.

[3] The Plaintiff is the owner of the certificate for a Utility Innovation No: MY-163605A (Application No: UI 20170000783) for a utility innovation consisting of a protective sleeve ("UI"). The application was filed by the Plaintiff in the Intellectual Property Corporation of Malaysia ("MyIPO") and the UI registration was granted on 3 October 2017.

[4] The essential features, integers and particulars as seen in the claim ("Claim") and abstract of the UI are as follows respectively:

"A protective sleeve (1) for an electronic device (3) comprises: a body (2) having a recess for accommodating the electronic device (3); a circuit board (8) embedded in the body (2), having one or more input and/or output ports; a connector tab extended to the recess for contacting with a connector tab extended to the