Introduction

[1] This is the appellant's/plaintiff's appeal against the whole of the decision of the Court of Appeal in allowing the respondents'/defendants' appeal against the decision of the High Court of Kuala Lumpur. It was the finding of the Court of Appeal that the appellant's Malaysian Patent No: My-128431-A ["Patent 431"] was invalid and that the appellant's claim against the respondents for infringement of the appellant's patent was therefore unsustainable. In consequence thereof, the Court of Appeal reversed the decision of the High Court in allowing the claim against the respondents for infringement of the appellant's patent.

[2] The questions of law upon which leave as obtained read as follows:

"(1) Where a patent comprises multiple claims, whether, in invalidating a patent for lacking novelty and/or inventive step, the Court must make a determination on each and every claim.

(2) Where a patent comprises multiple claims, some of which are independent, and other claims which are dependent on the independent claims:

(i) whether having determined that an independent claim of a patent lacks novelty and/or inventive step, the Court is required to asse