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2012 MarsdenLR 879

HIGH COURT MALAYA KUALA LUMPUR
BT ENGINEERING SDN BHD – Appellant
Versus
TEAM UNITED RESOURCES SDN BHD & ANOR – Respondent


Table of Content
1. factual background of the case. (Para 1 , 4 , 5 , 6)
2. defendants' denial of allegations and challenges. (Para 2 , 3)
3. factors determining patent infringement. (Para 10 , 22 , 23 , 24 , 30 , 34)
4. description of patented improvements. (Para 11 , 12 , 13 , 16 , 18 , 21)
5. test for patent infringement. (Para 26 , 32)
6. challenge to patent's novelty. (Para 41 , 42 , 45)
7. copyright infringement claims assessment. (Para 51 , 52 , 53)
8. copyright infringement established. (Para 56)
9. allegation of breach of confidence. (Para 63 , 64 , 67)
10. conclusion and judgment outcome. (Para 85)

[1] The plaintiff alleged that the 1st defendant, Team United Resources Sdn Bhd and Oui Kee Lai who is the director of the 1st defendant infringed the patent and copyright. The plaintiff also claim that the 2nd defendant was in breach of confidentially.

[2] The plaintiff's claim is denied by the defendants. The defendants in its defence and counterclaim contended that the plaintiff's patent is invalid and sought an order that the patent be revoked for lack of novelty and inventiveness on the ground that the alleged invention is not new and it has been anticipated by prior arts.

[3] In relat

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