1 October 2011Jurisdiction reportsChew Kherk Ying and Brian Law

Landmark patent decision in Malaysia

The patent at issue is for a riverbank protection system. It was applied for in October 2004 and granted in August 2008. Positive Well claimed that OKA had infringed the patent by making and selling a similar riverbank protection system without its consent or a licence. OKA’s riverbank protection system is made of a precast concrete pile and panel, and an anchoring tie. Positive Well sued OKA for patent infringement and OKA counterclaimed for patent invalidation.

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