TOWA CORPORATION v ASM TECHNOLOGY SINGAPORE PTE LTD & Anor
Catchwords
Practice Areas
Judges (1)
Counsel (9)
Case Significance
TOWA Corp v ASMPT Singapore Pte Ltd and another [2024] SGHC 163 was decided in the General Division of the High Court by Lee Seiu Kin SJ on 27 June 2024, in Suit No 359 of 2013, after hearings spanning 24 July, 24 August, 14 September and 3 November 2023 and 15 and 27 March 2024. The plaintiff was TOWA Corporation, and the defendants were ASMPT Singapore Pte Ltd and ASMPT Limited. The judgment followed the court's earlier decision in TOWA Corp v ASM Technology Singapore Pte Ltd [2023] 5 SLR 870, which set out the assessment of the damages to be awarded to the plaintiff by the first defendant for the infringement of a patent owned by the plaintiff, and directed the parties to provide an agreed computation based on the parameters set in that decision.
The court recorded that, after the earlier TOWA decision, the parties appeared before it six times to clarify the parameters to be applied in their computations, and this judgment concerned the clarifications made in the course of those six further hearings (the Further Hearings). The plaintiff is in the business of providing semiconductor packaging solutions, selling various products including its YPS machine, while the first defendant had manufactured and sold moulding machines known as the IDEALmould machines. The catchwords identify the issues as assessment of damages and intellectual property remedies. Counsel included Dentons Rodyk & Davidson LLP for the plaintiff and Joyce A. Tan & Partners LLC for the defendant.
[2024] SGHC 163 explained
TOWA CORPORATION v ASM TECHNOLOGY SINGAPORE PTE LTD & Anor ([2024] SGHC 163) is a Singapore judgment decided by the High Court (General Division) on 27 June 2024. It is categorised under Damages and Intellectual Property. Within this corpus it has since been cited by 2 other reported Singapore judgments, a measure of how often later decisions have referred to it. 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] SGHC 163 about?
TOWA CORPORATION v ASM TECHNOLOGY SINGAPORE PTE LTD & Anor ([2024] SGHC 163) is a High Court (General Division) decision from 2024. Its published catchwords are “Damages — Assessment” and “Intellectual Property — Remedies — Damages”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.
How influential is [2024] SGHC 163?
Within this corpus, [2024] SGHC 163 has been cited by 2 later reported Singapore judgments. That count reflects references from other decisions held in this corpus only and is a conservative lower bound on how often the case has actually been cited.
Summary
In this matter in the General Division of the High Court, following an earlier decision assessing the damages payable to TOWA Corporation by the first defendant for infringement of TOWA's patent, the court had directed the parties to provide an agreed computation of damages based on set parameters, after which the parties appeared six further times to clarify those parameters. The grounds of decision addressed the clarifications made over those further hearings, covering the calculation of loss of profits from lost initial sales and lost additional sales of parts and aftersales products and services, applicable discount rates, and interest. The court set out its determinations on these matters, including pre- and post-judgment interest at 5.33% per annum, directed that interest not be computed as part of the damages, and reserved the issue of costs.
What did TOWA Corp v ASMPT [2024] SGHC 163 deal with?
Decided 27 June 2024 by Lee Seiu Kin SJ, this judgment addressed clarifications to the computation of patent infringement damages following TOWA Corp v ASM Technology [2023] 5 SLR 870. The parties had appeared six further times to clarify the parameters for their damages computations.
What products were at issue in TOWA Corp v ASMPT [2024] SGHC 163?
TOWA Corporation provides semiconductor packaging solutions and sells products including its YPS machine. The first defendant had manufactured and sold moulding machines known as the IDEALmould machines. The dispute concerned damages for infringement of a patent owned by TOWA.
Cases Cited (1)
Referenced in
Legal concepts & references
Judgment
Read the full judgment on the official Singapore Courts portal.
Read on eLitigationSource: eLitigation ([2024] SGHC 163)