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2025 MarsdenLR 3770

HIGH COURT MALAYA KUALA LUMPUR
MRA INTERNATIONAL SDN BHD – Appellant
Versus
SPC DIATECH LLC – Respondent


Petitioner Advocates:Manjit Kaur Gill,Keshantini Baskeran ,Respondent Advocate: Cindy Goh Joo Seong,Nigel William Kraal

JUDGMENT

Aliza Sulaiman J:

[1] These are my full grounds of judgment for the 2nd Tranche of the trial on assessment of damages ('2nd Tranche') following my decision on 14 August 2020 (which was affirmed by the Court of Appeal on 17 May 2022 and no motion for leave to appeal to the Federal Court was filed by the Plaintiff) whereby the Plaintiff's claims were dismissed with costs and the reliefs sought by the Defendant by way of its counterclaim were allowed, namely for:

(a) a declaration that the Plaintiff has breached the Agency Agreement between the Plaintiff and Defendant dated 31 March 2013 ('Agency Agreement');

(b) a declaration that the Plaintiff has committed copyright infringement against the Defendant in relation to the following:

(i) the Defendant's webpage on Phonon Diagnostic Technology ('PDT');

(ii) the Defendant's presentation on PDT; and

(iii) the PDT technical information in the Presentation slides on PDT as set out in exhs P139 and P140;

(collectively 'the Copyrighted Works');

(c) a declaration that the Plaintiff has committed breach of the Defendant's confidential information in relation to the following:

(i) the document that describes the PDT procedure entitled "Precis


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