Million ringgit patent dispute in Malaysia

By P. Kandiah

Picture this: A rapidly contested patent infringement battle in Malaysia, millions of ringgit at stake. In one corner of the ring, we have Kingtime International Limited (Kingtime), the owner of Malaysian Patent No. MY-144898-A. In the opposite corner, we have Petrofac E&C Sdn Bhd, a fellow player in the oil & gas industry and alleged infringer of the ‘898-A patent. The invention in question? A mobile offshore platform unit (MOPU), conceptualised, designed and fabricated by Kingtime.

But first, some background. Kingtime had engaged KASS to draft and prosecute the patent application for the MOPU structure, and the patent application was successfully granted. During the infringement suit, one of the grounds on which the patent was challenged was invalidity and that the claim language was vague, not clear, and not supported in the description.

At the trial, expert technical witnesses were called in both by the patentee (the plaintiff) and the alleged infringer (the defendant) to give evidence. After hearing the testimony of the experts, the court held that the claim language was clear, as it would be well understood by a person skilled in the art, and therefore the challenged claim was valid.

The term which was in dispute was “Part A” is removably attached to “Part B”. The judge held that “removably attached” means it has been designed to have the ability or capability of being (i) removed after attachment, (ii) reattached or reused after removal, or both during the design life. The phrase “removably attached” cannot be confined by the manner of attachment irrespective of the manner of attachment being the form of welding. The court thus gave a purposive interpretation of the phrase “removably attached”.

The case highlights the importance of the selection of words and phrases in patent claims – something that KASS has always taken a great deal of care and pride in. We are pleased that the Kingtime patent ‘898-A, which was drafted by our very own in-house patent drafters, withstood the attack and now further solidifies our expertise in this field.

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KASS International is an established Intellectual Property Firm which offers a one-stop solution for IP matters in Malaysia, South East Asia, and worldwide.