Weida wins RM402 mln patent infringement claim
K UCH I NG : We i d a h a s suc c es s ful ly defended an alleged RM402 million patent infringement claim at the High Court here in relation to Weida’s Polytrap grease trap product.
The patent infringement claim was heard before Justice Stephen Chung who dismissed the claim with costs in favour of Weida on Thursday.
The claim made by Md Nayan Salleh and his agent, Pujatasara Sdn Bhd, was that Weida’s Polytrap product was identical to Nayan’s product called Simpak - Sistem Penyaringan dan Pengasingan Sisa Makanan, Lemak dan Gris - which is a Utility Innovation bearing Patent No. MY-135509A. Thus, the relevant Weida companies allegedly infringed the Simpak product patent in their sale and installation of the Polytrap products in Kuching without the consent and knowledge of Md Nayan.
“Throughout the hearing and in fact at all times, Weida has always maintained that there is no infringement because i t s Poly t rap produc t s a re distinctively different from the plaintiff ’s Simpak product in its features and processes. More importantly, Polytrap product has been in existence since 1998. It was 10 years later in 2008 that the plaintiff’s utility innovation patent was granted,” said Weida chairman Datuk Lee Choon Chin at a press conference in Weida office here yesterday.
Prior to this suit, Md Nayan had filed an ex-parte injunction to prevent Weida from selling the Polytrap product but the injunction was set aside by the court in favour of Weida. In late 2014, the plaintiffs filed a suit and sought damages against Weida amounting to RM402 million.
“Weida reiterates that it respects all intellectual property rights and assures the trade and public that all products manufactured and distributed by Weida are designed and produced based on Weida’s extensive research and development.
“We are happy to announce that the High Court yesterday made the ruling and we successfully defended the case and throw out the suit by the court.”
He explained that the Polytrap had been used in restaurants, eateries, food court and kitchens. Waste water from the sink goes through the product to filter oil and grease so that the discharge was clean and did not block the drain.
He said aside from Weida, many government departments were also sued for using the product, including Federal Agricultural Marketing Authority ( Fama) Sarawak.
“We are relieved to have the case settled, all this while being sued. We are using 56 units and were sued for RM56 million. We thank Datuk Lee and we will still be using Weida products,” said Fama state director Paza Dan who was present at the press conference.