JUDGMENT

Wong Kian Kheong J:

A. Background

A(1). Parties And Products

[1] The first plaintiff company (1st plaintiff) is a company incorporated in the United States of America (USA) which has been granted a Malaysian Patent No MY-118194-A (Patent 194) under the Patents Act 1983 ( PA ). Based on Patent 194, the 1st plaintiff produced a pharmaceutical product of alendronic acid or a pharmaceutically acceptable salt (Alendronate) under the trade name "Fosamax" (Fosamax Tablets). Fosamax Tablets are prescribed by doctors to inhibit bone resorption in humans.

[2] The second plaintiff company (2nd plaintiff) is a Malaysian company which holds an exclusive licence from the 1st plaintiff to distribute and sell Fosamax Tablets in Malaysia.

[3] The defendant company (defendant), a Malaysian company, has been granted approval by the National Pharmaceutical Control Bureau to market "Alendronate" 70mg tablets (defendant's Alendronate 70mg Tablets).

A(2). Patent 194

[4] There are 22 "Claims" in Patent 194. Claim 1 is the only "independent" Claim in Patent 194 (Independent Claim 1). Claims 2 to 22 are "dependent" Claims in Patent 194 (Dependent Claims).

[5] I reproduce below Independent Claim 1 as well