GROUNDS OF JUDGMENT

The Plaintiff is a company incorporated and registered in Korea. It is in the business of developing what are known as decoders or 'set-top boxes'. In essence these devices are boxes that translate data, for the present purposes in the form of movies or television programmes, into audio and video form to decoders used in most Malaysian households. These set-top boxes will be referred to in short as 'STBs'.

It is pertinent to note that the Plaintiff's STBs support the broadcasting of programmes via the Internet as opposed to broadcasting via satellite. This internet protocol based STBs developed by the Plaintiff can be utilised via an internet connection rather than the installation of a satellite dish.

The Defendant on the other hand is in the business of inter alia, broadcasting pay television, providing of broadband network services, multimedia interactive television broadcasts and its related services.

The dispute between the Plaintiff and the Defendant in this case arose as a consequence of an agreement between them for the provision of the Plaintiff's STBs for use in the Defendant's broadcasting business. After the requisite preliminary proposals, the parties e