Trek Technology v Ritronics Components: Interrogatories in Assessment of Damages

Trek Technology (Singapore) Pte Ltd sued Ritronics Components (S'pore) Pte Ltd for patent breach. After Justice Lai Kew Chai ruled in favor of Trek Technology on liability, Trek Technology sought to issue interrogatories during the assessment of damages. The Assistant Registrar ordered the interrogatories withdrawn, and Choo Han Teck J affirmed this decision, dismissing Trek Technology's appeal. The court held that interrogatories are generally inappropriate after the trial has commenced, and the plaintiff should rely on cross-examination instead.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal dismissed.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding interrogatories issued after trial during assessment of damages. The court dismissed the appeal, finding interrogatories inappropriate at this stage.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Trek Technology (Singapore) Pte LtdPlaintiff, AppellantCorporationAppeal dismissedLost
Ritronics Components (S'pore) Pte LtdDefendant, RespondentCorporationOrder of Assistant Registrar affirmedWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

4. Facts

  1. Trek Technology sued Ritronics for patent infringement related to thumb drives.
  2. Lai J ruled in favor of Trek Technology on the issue of liability.
  3. Trek Technology sought to issue interrogatories during the assessment of damages.
  4. Ritronics had previously filed affidavits denying manufacturing or production in Singapore.
  5. The plaintiff alleged the defendant planned to sell 100,000 BioSlimDisk worldwide.
  6. The defendant claimed to have invested more than $1,000,000 in research and manufacture.
  7. The defendant admitted to taking 100 pieces of the products to an international exhibition, CeBit, and brought back 70.

5. Formal Citations

  1. Trek Technology (Singapore) Pte Ltd v Ritronics Components (S'pore) Pte Ltd, Suit 672/2002, RA 275/2006, [2006] SGHC 215

6. Timeline

DateEvent
Suit 672/2002 filed
Lai Kew Chai J decided the question of liability in the plaintiff’s favour
Trek Technology (Singapore) Pte Ltd v F E Global Electronics Pte Ltd and others and other suits (No 2) [2005] 3 SLR 389
Decision of Lai J was affirmed by the Court of Appeal
Corporacion del Nacional de Cobre de Chile v Metallgescellschaft Ltd AG (The Times, 6 January 1999)
Plaintiff applied for directions to commence the AD proceedings
Affidavit verifying the defendant’s list of documents in discovery was filed
Defendant’s managing director filed another affidavit
Plaintiff issued interrogatories
Assistant Registrar directed that the interrogatories issued by the plaintiff be withdrawn
Judgment reserved
Appeal dismissed

7. Legal Issues

  1. Propriety of Interrogatories After Trial
    • Outcome: The court held that interrogatories are generally inappropriate after the trial has commenced and the plaintiff should rely on cross-examination instead.
    • Category: Procedural
    • Sub-Issues:
      • Timing of interrogatories
      • Relevance of interrogatories to assessment of damages
      • Use of interrogatories to save costs

8. Remedies Sought

  1. Damages
  2. Assessment of Damages

9. Cause of Actions

  • Patent Infringement

10. Practice Areas

  • Commercial Litigation
  • Intellectual Property Litigation

11. Industries

  • Technology

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Trek Technology (Singapore) Pte Ltd v F E Global Electronics Pte Ltd and others and other suits (No 2)High CourtYes[2005] 3 SLR 389SingaporeThe decision of Lai J on liability in the plaintiff's favor was affirmed on appeal.
F E Global Electronics Pte Ltd and others v Trek Technology (Singapore) Pte Ltd and another appealCourt of AppealYes[2006] 1 SLR 874SingaporeAffirmed the decision of Lai J on liability in the plaintiff's favor.
A-G v GaskillChancery DivisionYes(1882) 20 Ch Div 519England and WalesCited for the principle that interrogatories can save the expense of proving a part of the case, but the court distinguished its approach.
Det Danske Hedeselskabet v KDM International PLCN/AYes[1924] 2 Lloyds Rep 534N/ACited for the principle that questions that can be asked in cross-examination cannot be the subject of interrogatories unless the interrogating party may be irremediably prejudiced, but the court distinguished its approach.
Corporacion del Nacional de Cobre de Chile v Metallgescellschaft Ltd AGN/AYesThe Times, 6 January 1999N/ACited as an unreported case concerning the appropriateness of interrogatories for the purposes of a summary judgment application, but found not directly relevant.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Order 26 r 1 Rules of CourtSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Interrogatories
  • Assessment of Damages
  • Liability
  • Discovery
  • Patent Infringement
  • Thumb Drive
  • Cross-examination

15.2 Keywords

  • Interrogatories
  • Assessment of Damages
  • Patent Infringement
  • Civil Procedure
  • Singapore

17. Areas of Law

16. Subjects

  • Civil Procedure
  • Intellectual Property
  • Patent Law