Thursday, January 05, 2006

A case note on "The ThumbDrive"



Singapore Court of Appeal has delivered the judgment on the case of "The ThumbDrive" on Dec 30th, 2005. FE Global Electronics Pte Ltd and Others v Trek Technology (Singapore) Pte Ltd[2005] SGCA 55

The respondent (Trek Technology) is the patent holder for Singapore patent No 87504 (Thumbdrive). Trek Technology sought damages for infringement of its patent as well as injunctions to stop the appellants (FE Global Electronics) from making, selling or disposing of any product that infringed its patent.

The appellant asserted, inter alia,
- that the ThumbDrive device is not protected by the patent.
- Alternatively, that the Trek’s patent is invalid because it is not new or novel and not inventive.

The judge ruled that the Thumbdrive had an inventive concept for a new type of data storage device. Alghouth the concept of solid-state non-volatile memory was well known and USB plugs were standard, however ,prior to patent filing, no one else thought of combining all these elements together.

Therefore, the applellant is liable for the damages for patent infringement.

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