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COURT OF APPEAL PUTRAJAYA
SEE HAU GLOBAL SDN BHD – Appellant
Versus
MAH SING PLASTICS INDUSTRIES SDN BHD – Respondent
| Table of Content |
|---|
| 1. the appeal involves a patent validity dispute regarding my-148055-a. (Para 1 , 2 , 3) |
| 2. the plaintiff argues my-055 lacks novelty and inventive step under pa. (Para 16 , 17 , 18) |
| 3. court reviews limits of plaintiff's claims against my-055. (Para 19 , 20 , 21) |
| 4. novelty assessed based on comparison with prior art. (Para 26 , 27 , 28) |
| 5. court concludes my-055 lacks novel features. (Para 36 , 48 , 88) |
| 6. the conclusion confirms the invalidation of the patent. (Para 90) |
| 7. final decision on cross-appeal and defendant's appeal outcomes. (Para 94 , 95) |
[1] This is an appeal against the decision of the High Court in respect of a claim seeking to invalidate a patent, namely Malaysian Patent No: MY-148055-A ('MY-055') registered by the defendant, who is the appellant here. After a full trial, the High Court made the following orders:
(a) The plaintiff's claim for the invalidation of MY-055 is dismissed. The plaintiff is the respondent in this appeal;
(b) The learned trial judge allowed the plaintiff's prayer in para 19 (c) of the Statement of Claim as amended, which reads as follows:
"A declaration that the manufacture, importation, distribution, stocking, supply, sale and/or o
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