JUDGMENT

Faizah Jamaludin JCA:

Introduction

[1] The two appeals before us—Appeal 1457 and Appeal 1458—have both been filed by the appellant, Kingtime International Limited ("Kingtime").

[2] Kingtime is the registered proprietor of the following patents:

(a) Patent No MY-145004-A ("Patent 5004"); and

(b) Patent No MY-144898-A ("Patent 898").

The Patent 898 is a divisional of the Patent 5004. Both patents have a priority date of 14 May 2008. They are collectively referred to in this judgment as the "Kingtime Patents".

[3] These appeals challenge the entire decision of the Kuala Lumpur High Court delivered on 30 August 2023, which dismissed Kingtime's patent infringement claim against PETRONAS Carigali Sdn Bhd ("PCSB") in Civil Suit No: WA-22IP-55-11/2018 (the "Infringement Suit"), and allowed PCSB's separate action to invalidate the Kingtime Patents in Civil Suit No: WA-22IP-17-05/2022 (the "Invalidation Suit"). For purposes of this judgment, both cases are collectively referred to as the "PCSB Suit"; they were consolidated and heard together at a full trial before the High Court .

MOPU Sepat

[4] The subject-matter of these appeals is the MOPU Sepat, which is a mobile offshore production unit ("MOPU"), designed, constructed, installed and commissioned by Petrofac E&C Sdn Bhd ("Petrofac") pursuant to the Contract No: CHO/2010/DPG/228 Provision of Engineering, Procurement, Construction, Installation and Commissioning (EPCIC) of Sepat Early Production System between PCSB and Petrofac dated 20 April 2011 ("Sepat EPCIC Contract").

[5] PCSB had awarded Petrofac the Sepat EPCIC Contract through a letter of award dated 20 December 2010. The said Contract took effect from the date of the letter of award.

[6] The MOPU Sepat, with a detachable wellhead support structure ("WHSS"), was constructed, and installed and commissioned at the Sepat Field in September 2011. The Sepat Field is an oil and gas field— measuring 30 km x 10 km, located in Block PM313, in 65 to 70m water depth, about 130km from Kuala Terengganu.

[7] In or around June 2017, PCSB separated and removed the WHSS from the MOPU Sepat. The MOPU was towed to the Kemaman Supply Base, Terengganu and was sold to a third party, Eastern Pacific Marine Services Sdn Bhd, for recycling.

[8] After the WHSS was detached and separated from the MOPU, PCSB installed a temporary jack-up rig to support the WHSS between June 2017 to May 2018 ("WHSS-Jack-Up Rig Structure"). PCSB then replaced the jack-up rig with a jacket to support the WHSS for permanent use. The installation of the jacket to support the WHSS was completed in May 2018. The WHSS together with the jacket ("WHSS-Jacket Structure") has been used by PCSB at the Sepat Field from May 2018 to date.

Petrofac Suit

[9] Kingtime, together with the licensee of the Kingtime Patents— Gryphon Energy (Asia Pacific) Sdn Bhd ("Gryphon")—had in 2015 brought an action against Petrofac in Civil Suit No: 22IP-63-11/2015 ("the Petrofac Suit") for infringement of the three claims within the Kingtime Patents (collectively referred to as "the Relevant Claims.):

(a) Claim 1 of the Patent 5004;

(b) Claim 13 of the Patent 5004; and

(c) Claim 1 of the Patent 898.

[10] The invention, which is the subject of Claim 1 of the Patent 5004 is an offshore unit comprising, inter alia, a hull and deck frame, a mat, a wellhead deck that is removably attached to the hull and/or deck frame, and a subsea conductor frame that is removably attached to the mat (the "Product Claim"). The inventions, which are the subjects of Claim 13 of the Patent 5004 and Claim 1 of the Patent 898, are methods of installing a wellhead platform using the said offshore unit (the "Process Claim").

[11] Kingtime alleged that Petrofac had infringed the Relevant Claims., particularly:

(a) Claim 1 of the Patent 5004 by making, offering for sale, selling and using the MOPU Sepat; and

(b) Claim 13 of the Patent 5004 and Claim 1 of the Patent 898 by using the method of installation to install the MOPU Sepat.

[12] Petrofac c