Introduction

[1] The 1st appellant (the 1st plaintiff in the High Court) is the owner of Malaysian Patent MY-125572A relating to an apparatus and process for the manufacture of mosquito coils ("the patent"). The 2nd appellant (the 2nd plaintiff in the High Court) is in the business of manufacturing and exporting mosquito coil making machine known as "Yeohata" The appellants are seeking for orders to, inter alia, restrain and/or prohibit the respondents from infringing the patent and using the confidential information of the appellants, delivery of books, records and other documents relating to the patent, damages and costs.

[2] The respondents (the 1st, 2nd and 3rd defendants in the High Court) have counterclaimed for the invalidation of the patent on the ground that there is prior art.

[3] At the conclusion of the trial of the action, the High Court dismissed the appellants' claim with costs and allowed the respondent's counterclaim for the invalidation of the patent with costs. The appellants have appealed against the decision of the High Court. In this judgment, we will refer to the parties as they were referred to at the High Court.

Background Facts

[4] The 1st plaint