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2016 MarsdenLR 1245

HIGH COURT SABAH & SARAWAK KUCHING
MD NAYAN SALLEH & ANOR – Appellant
Versus
WEIDA RESOURCES SDN BHD & ORS – Respondent


Table of Content
1. 1st plaintiff claims patent ownership. (Para 1 , 2 , 3 , 4)
2. defendants deny patent infringement assertions. (Para 5 , 6 , 10 , 11)
3. plaintiffs failed to prove patent validity. (Para 14 , 15 , 22)
4. court dismisses plaintiffs' claims due to lack of evidence. (Para 36 , 51)

[1] The 1st plaintiff claimed that he is an inventor of a system for the purpose of screening and separation of food waste, oil and grease and is the registered proprietor of a Malaysian Patent No MY-135509-A titled "SIMPAK - Sistem Penyaringan dan Pengasingan Sisa Makanan, Lemak dan Gris". He claimed it is at all material times in force under the Patents Act 1983 . He has also registered 'SIMPAK' as his trademark.

[2] In para 10 of the Statement of Claim, the particulars of the patent are pleaded as follows:

"A tank which is rectangular and a cover. It has various important components, among others a screening container located at the top level inside the tank which functions as a trap for the food waste. There is a filter wall located in the tank which functions as a retention time for the purpose of separating the mass molecule of the water from the oil. 'T' trap is located in the tank func

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