A Malaysian patent licensee sued our client, another Malaysian company, for patent infringement of an environmental quality control system. We counter-claimed for revocation of the patent, and for a declaration that the licence holder had no basis for the patent, and therefore no basis for their action against our client.
The court ruled in our client’s favour!
The case illustrated two important lessons. First, although the patent licensee believed that their rights were protected through the patent and the license, this case illustrated that their license did not carry the protection or value they originally perceived.
Secondly, our client had the presence of mind to seek professional advice in the matter and in doing so ultimately protected his right to continue doing business.