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2023 MarsdenLR 1507

HIGH COURT MALAYA KUALA LUMPUR
SALUTICA ALLIED SOLUTIONS SDN BHD – Appellant
Versus
APPLE MALAYSIA SDN BHD – Respondent


Petitioner Advocates:Sri Richgopinath,Joel Mei ,Respondent Advocate: Chew Kherk Ying,Raymond Tan,Koh Shueh Jing

Azlan Sulaiman JC:

Introduction

[1] The Plaintiff's claim against the Defendant is that the Defendant has infringed Claims 1 to 15 of its Patent. The Defendant has counterclaimed for an invalidation of Claims 1 to 15 of the Patent on the grounds that the invention is not novel and lacks inventive steps.

[2] The Plaintiff has at all times been represented by a particular legal firm ("the Firm"). One of the members of the team of counsel from the Firm acting for the Plaintiff is Joel Lim ("JL"), an Advocate & Solicitor, who founded the Firm.

[3] Just days before the trial of the action was to take place, the Defendant filed an application ("Defendant's Application"):

(i) to bar all advocates and solicitors practicing in the Firm from appearing or acting for the Plaintiff in this action and in any proceedings arising from this action; and

(ii) to disqualify and discharge the Firm from acting for the Plaintiff in this action and in any proceedings arising from this action.

[4] I dismissed the Defendant's Application with costs to be paid forthwith. This Judgment contains the reasons why.

The Defendant's Application

[5] The basis for the Defendant's Application is placed entirely on JL:

(i) JL is

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