HIGH COURT MALAYA KUALA LUMPUR
KINGTIME INTERNATIONAL LIMITED & ANOR – Appellant
Versus
PETROFAC E & C SDN BHD – Respondent
[1] This case concerns "Mobile Offshore Production Unit" (MOPU). A MOPU is a physical structure which, among others, is installed in an offshore oil field and used for early production of oil.
[2] The first plaintiff company (1st Plaintiff) is incorporated under the laws of the British Virgin Islands. The second plaintiff company (2nd Plaintiff) is incorporated under our previous Companies Act 1965 (CA).
[3] After this suit has been filed by the 1st and 2nd Plaintiffs (Plaintiffs), the 2nd Plaintiff has been wound up. The Official Receiver has however sanctioned the prosecution of this action by the 2nd Plaintiff.
[4] The defendant company (Defendant) is incorporated under CA and is a member of the Petrofac group of companies (Petrofac Group).
[5] The 1st Plaintiff has registered the following two patents (2 Patents) under the Patents Act 1983 ( PA ):
(1) Patent No. MY 144898-A (Patent 898); and
(2) Patent No. MY 145004-A (Patent 5004).
[6] The 1st Plaintiff has granted a license to the 2nd Plaintiff regarding the 2 Patents.
[7] In this case:-
(1) the Plaintiffs claimed that the Defendant (Original Action):-
(a) has infringed Claim 1 of Patent 5004 [Claim 1 (Patent 5004)]
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