Introduction

[1] This action involves claims by Plaintiff against both Defendants for infringement of its Malaysian Patent No: MY-138580-A ("Patent 580") and for copyright infringement, and against the 2nd Defendant alone for breach of contract.

The Parties

[2] The Plaintiff is principally engaged in the business of designing, installing, building and constructing retaining walls.

[3] The 1st Defendant was incorporated on 5 November 2020 and its nature of business is "Construction of buildings N.E.C; specialized design activities N.E.C.; wholesale of a variety of goods without any particular specialization N. E. C."

[4] The 2nd Defendant had previously been employed by the Plaintiff and its associated companies, from October 2005 to December 2018. On 12 October 2005, he joined the Plaintiff as a Senior Geotechnical Engineer, and on 1 April 2005 he was promoted to General Manager of Nehemiah Prestress Sdn Bhd and then Nehemiah Toowong Bridgetech Sdn Bhd, eventually resigning from the latter on 11 December 2008.

Patent 580

[5] Patent 580 is a product patent with a filing date of 1 June 2005, which means that by s 35(1) of the Patents Act 1983 ("Patents Act") it has a dura