TOWA CORPORATION v ASMPT SINGAPORE PTE. LTD.
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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.
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.
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Judgment
Read the full judgment on the official Singapore Courts portal.
Read on eLitigationSource: eLitigation ([2024] SGCA 52)