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2014 MarsdenLR 359

COURT OF APPEAL PUTRAJAYA
SENG KONG SHUTTER INDUSTRIES & ANOR – Appellant
Versus
SKB SHUTTERS MANUFACTURING SDN BHD – Respondent


Petitioner Advocates:Ambiga Sreenevasan,Vanini Rajeswaran ,Respondent Advocate: Eow Khean Fatt

[1] The appellants appeal against the decision of the High Court which allowed the respondent's claim against the appellants for infringement of Patent No. MY-128431-A ("MY Patent") entitled "Rolling Door" ("the plaintiff's Patent"). For the purpose of this judgment the parties will be referred to as they were in the Court below; that is to say, the appellants will be referred to as the 'defendants', whilst the respondent will be referred to as the 'plaintiff'.

Brief Background Facts

[2] The plaintiff, SKB Shutters Manufacturing Sdn Bhd is in the business of manufacturing, distributing and dealing in roller shutters, roller doors and a wide range of shutters. The plaintiff is the registered proprietor of the MY Patent. The plaintiff manufactures and distributes roller doors and roller shutters (exh P2) that incorporates the invention under the said MY Patent which are marketed and promoted under the name 'SKB VISION 7' (see pp 431-450 appeal record). The plaintiff is also the registered owner of Trade Mark Registration No. 98009483 'SKB VISION 7' in Malaysia for goods and services in Class 6.

[3] The 1st defendant, Seng Kong Shutter Industries Sdn Bhd is also in the business of dealin

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