TOWA CORPORATION v ASMPT SINGAPORE PTE. LTD.

[2024] SGCA 52 Court of Appeal 22 November 2024 CA/CA 25/2024 · CA/CA 26/2024 10 min read

4 cases cited

Key facts

Court	Court of Appeal
Decided	22 November 2024
Judges	Andrew Phang Boon Leong, Tay Yong Kwang
Charges / claim	Damages
Counsel	Dentons Rodyk & Davidson LLP, Joyce A. Tan & Partners LLC, Chia Jung Yeong Mark, Foo Maw Jiun, Lakshmanan s/o Anbarazan, Lim Ying Sin Daniel, Long Ai Ming, Low Chai Chong, Ng Ah Sock Angie

Source: [2024] SGCA 52, Court of Appeal, decided 22 November 2024 — eLitigation. Updated 3 July 2026.

Catchwords

Damages — Assessment

Practice Areas

Damages

Judges (2)

Andrew Phang Boon Leong Delivered Tay Yong Kwang Coram

Counsel (9)

Dentons Rodyk & Davidson LLP Firm Joyce A. Tan & Partners LLC Firm Chia Jung Yeong Mark Counsel Appellant Foo Maw Jiun Counsel Appellant Lakshmanan s/o Anbarazan Counsel Respondent Lim Ying Sin Daniel Counsel Respondent Long Ai Ming Counsel Appellant Low Chai Chong Counsel Appellant Ng Ah Sock Angie Counsel Appellant

Parties (3)

ASMPT Limited Defendant ASMPT Singapore Pte Ltd Respondent TOWA Corporation Appellant

Case Significance

TOWA Corp v ASMPT Singapore Pte Ltd and another appeal [2024] SGCA 52 was decided by the Court of Appeal on 22 November 2024, comprising Tay Yong Kwang JCA and Andrew Phang Boon Leong SJ, with Andrew Phang Boon Leong SJ delivering the grounds of decision after a hearing on 21 November 2024. Civil Appeal Nos 25 and 26 of 2024 were cross-appeals by TOWA Corporation and ASMPT Singapore Pte Ltd against the High Court Judge's assessment of damages in Towa Corp v ASM Technology Singapore Pte Ltd [2023] 5 SLR 870 and TOWA Corp v ASMPT Singapore Pte Ltd [2024] SGHC 163, with both parties contesting different heads of damages.

The underlying dispute, Suit No 359 of 2013, concerned TOWA's claim that ASMPT and its fully owned subsidiary infringed TOWA's Singapore Patent No 49740 relating to TOWA's "YPS" auto mould machines. ASMPT was found to have breached the patent through making, disposing of, offering to dispose of, keeping and offering the use of its "IDEALmold" machine. TOWA elected to claim damages on 8 August 2018, and the assessment of damages phase proceeded on that basis. The appellant was represented by Dentons Rodyk & Davidson LLP, and the respondent by Joyce A. Tan & Partners LLC.

[2024] SGCA 52 explained

TOWA CORPORATION v ASMPT SINGAPORE PTE. LTD. ([2024] SGCA 52) is a Singapore judgment decided by the Court of Appeal on 22 November 2024. It is categorised under Damages. It is a recent decision; within this corpus no later judgment has cited it yet. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.

What is [2024] SGCA 52 about?

TOWA CORPORATION v ASMPT SINGAPORE PTE. LTD. ([2024] SGCA 52) is a Court of Appeal decision from 2024. Its published catchwords are “Damages — Assessment”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

What earlier Singapore cases does [2024] SGCA 52 cite?

Among the in-corpus authorities it refers to are [2024] SGHC 163. The complete list of cases cited, and of later cases that cite this decision, is shown on this page.

Summary

TOWA Corporation and ASMPT Singapore Pte Ltd brought cross-appeals against a judge's assessment of damages following a finding that ASMPT had infringed TOWA's Singapore patent relating to its "YPS" auto mould machines through its "IDEALmold" machine. The cross-appeals contested different heads of damages, including the basis of computation in a but-for counterfactual scenario and the award of pre-judgment interest. The Court of Appeal dismissed TOWA's appeal (CA 25) in its entirety and allowed ASMPT's appeal (CA 26) in part, directing the parties' experts to jointly derive the quantum of the contested unclassified costs and awarding ASMPT costs of $70,000 for both appeals.

What was the dispute in TOWA Corp v ASMPT Singapore Pte Ltd [2024] SGCA 52?

TOWA Corp v ASMPT Singapore Pte Ltd [2024] SGCA 52 involved cross-appeals on the assessment of damages after ASMPT was found to have infringed TOWA's Singapore Patent No 49740, relating to TOWA's "YPS" auto mould machines, through its "IDEALmold" machine.

Who decided TOWA Corp v ASMPT Singapore Pte Ltd [2024] SGCA 52?

TOWA Corp v ASMPT Singapore Pte Ltd and another appeal [2024] SGCA 52 was decided on 22 November 2024 by Tay Yong Kwang JCA and Andrew Phang Boon Leong SJ, with Andrew Phang Boon Leong SJ delivering the grounds of decision in Civil Appeal Nos 25 and 26 of 2024.