Shah Alam High Court Suit (No. 22 NCVC-31

Transcription

Shah Alam High Court Suit (No. 22 NCVC-31
DRAFT ANNOUNCEMENT
MY E.G. SERVICES BERHAD (“MYEG” OR THE “COMPANY”)
Shah Alam High Court Suit (No. 22 NCVC-31-01/2015)
Writ Summons and Statement of Claim served on MYEG by GST Smart Solution Sdn
Bhd
1. Introduction
The Board of Directors (“Board”) of MYEG wishes to announce that MYEG had on 24
February 2015 been served a Writ of Summons dated 20 January 2015 and a Statement of
Claim dated 16 January 2015 against MYEG, Jason Chan Ling Khee and Wong Thean Soon
(collectively referred to as “the Defendants”) by the solicitors of GST Smart Solution Sdn Bhd
(“the Plaintiff”).
Reference is made to the announcements dated 13 June 2014 and 30 September 2014 on a
similar claim. This earlier claim was withdrawn by GST Smart Solution Sdn Bhd, Lee Chee
How and Teoh Chee Hooi on 30 September 2014.
2. The particulars of the claim under the Writ of Summons.
The Plaintiff claims are made up of the following:a declaration that there is an infringement of the Plaintiff’s Point of Sale – GST
Automatic Tax Reporting System (“ATRS”) Patent by MYEG’s Method of Automated
Reporting of Point of Sale Tax Collection under Secured Environment (“MARTC”);
ii.
an order that the Defendants are required to withdraw the application for the patent MY
PI2010005962;
iii. an injunction that the Defendants and / or its Directors, its Officers, Employees, service
providers and/or agent or otherwise howsoever are required to stop and / or prohibited
from filing any patent application identical or similar with the ATRS;
iv. an injunction that the Defendants and / or its Directors, its Officers, Employees, service
providers and/or agent or otherwise howsoever be restrained and / or prohibited from
using the MARTC and /or any identical or similar device infringing the ATRS patent;
v.
an order that the Defendants and / or its Directors, its Officers, Employees, service
providers and / or agent or otherwise howsoever be required to surrender and deliver up
to the Plaintiffs all materials and / or documents and / or records and / or product relating
to the infringement of the ATRS patent;
vi. an inquiry as to the losses resulting from the infringement or alternatively, at the option
of the Plaintiff an account of profits earned by the Defendants from the said
infringement;
vii. interest on any amount in item (vi) above at the rate of 5% per annum from 14.12.2010
until full payment;
viii. cost; and
ix. other reliefs deemed fit and may deemed just and expedient as the Court deems fit.
i.
3. The details of the default or circumstances leading to the filing of the Writ of Summons
against the Defendants
The filing of the Writ of Summons is a result of the allegation that Plaintiff is the inventor for
the ATRS system which has been granted patent and the MARTC infringes the patent in
respect of the ATRS System.
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MY E.G. SERVICES BERHAD (“MYEG” OR THE “COMPANY”)
Shah Alam High Court Suit (No. 22 NCVC-31-01/2015)
Writ Summons and Statement of Claim served on MYEG by GST Smart Solution Sdn Bhd
4. The financial and operational impact of the Writ of Summons on MYEG Group
At the date of announcement, there is no material financial and operational impact of the Writ
of Summons on the Group.
5. The expected losses, if any, arising from the Writ of Summons.
At the date of announcement, the Company does not expect any material losses to be incurred
arising from the Writ of Summons.
6. The steps taken and proposed to be taken by the Company in respect of the Writ of
Summons.
The Board of MYEG has instructed its solicitors to review the Writ of Summons and
Statement of Claim in detail and advise of the next course of action to be taken in due course.
The Company intends to enter an appearance and to lodge a defence against the claim. The
Company will announce further development on the above matter as and when necessary.
This announcement is dated 25 February 2015.
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