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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

Table of Content
1. plaintiff's patent infringement claim and defendant's counterclaim. (Para 1 , 2 , 3 , 4)
2. defendant's basis for disqualification of plaintiff's counsel. (Para 5 , 6)
3. inapplicability of rule 3 regarding embarrassment. (Para 7 , 8 , 9 , 10)
4. independence of counsel not compromised. (Para 11 , 12 , 13)
5. rule 27 and the need for direct pecuniary interest. (Para 14 , 15 , 16)
6. defendant's failure to demonstrate grounds for disqualification. (Para 19 , 20)
7. judicial discretion in disqualifying counsel. (Para 21 , 22)
8. court's decision to dismiss the defendant's application. (Para 24)
9. order for costs to be paid forthwith. (Para 25)
10. reasons for ordering costs due to trial disruption. (Para 26 , 27 , 28 , 29 , 30 , 31)
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 Fir

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