JUDGMENT

Introduction

In this action, the plaintiffs are suing the defendants for infringement of Malaysian Patent No. MY-136823-A entitled "Spring Clip as Needle Tip Protection for a Safety Catheter" (the Braun Patent).

The plaintiffs safety intravenous catheter products, "Introcan Safety", "Vasofix Safety" and "Vasoscan Safety" are claimed to practice the Braun Patent.

The allegedly infringing product is the 1st defendants safety intravenous catheter known as "Terumo Surshield Surflo 11" (the Terumo Product).

The defendants have raised a defence of non-infringement. In addition, the defendants counterclaim to invalidate for the reason that the invention of the Braun Patent is not a patentable invention under the Patents Act 1983 (the Act).

The safety intravenous catheter product

To make the point under discussion easier to comprehend, it is useful to have an understanding of the product in question. The product that is the subject matter of this action is a safety intravenous catheter (IVC). An IVC is a product or device that is primarily used by health care workers to administer fluids directly into a patients vascular system. The IVC comprises, among other components, a