Main-Line Corporate Holdings v United Overseas Bank: Patent Infringement & Interim Payments

Main-Line Corporate Holdings Ltd, an Irish company, sued United Overseas Bank Ltd and First Currency Choice Pte Ltd in the High Court of Singapore for patent infringement. Tay Yong Kwang J previously found the defendants liable for infringement. Main-Line elected an account of profits from UOB. Main-Line applied for an interim payment from UOB based on commissions UOB received from First Currency Choice. The Assistant Registrar ordered UOB to pay an interim sum. Lee Seiu Kin J allowed UOB's appeal, setting aside the interim payment order, and dismissed Main-Line's appeal, finding that UOB is entitled to provide evidence of all costs related to the establishment and operation of the FCC System that may legitimately be deducted from the total commission.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

First defendant's appeal allowed; plaintiff's appeal dismissed.

1.3 Case Type

Intellectual Property

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Patent infringement case. The court allowed UOB's appeal, setting aside the order for interim payment, finding that costs must be considered.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
United Overseas Bank LtdDefendant, RespondentCorporationAppeal AllowedWon
Main-Line Corporate Holdings LtdPlaintiff, AppellantCorporationAppeal DismissedLost
First Currency Choice Pte LtdDefendantCorporationNeutralNeutral

3. Judges

Judge NameTitleDelivered Judgment
Lee Seiu KinJudgeYes

4. Counsels

Counsel NameOrganization
Ang Wee TiongTan Kok Quan Partnership
Jasmine FoongTan Kok Quan Partnership
Wong Siew HongInfinitus Law Corporation
Arthur YapATMD Bird & Bird LLP
Koh Chia LingATMD Bird & Bird LLP

4. Facts

  1. Main-Line Corporate Holdings Ltd owns Singapore patent no 86037 for "Dynamic Currency Conversion for Card Payment Systems".
  2. United Overseas Bank Ltd (UOB) operated a system called the FCC System, provided by First Currency Choice Pte Ltd.
  3. Main-Line claimed UOB infringed its patent through the FCC System.
  4. Tay Yong Kwang J previously found UOB liable for patent infringement.
  5. Main-Line elected an account of profits from UOB.
  6. Main-Line sought an interim payment of S$3,135,236.40 from UOB, based on commissions UOB received from First Currency Choice.
  7. UOB argued that costs incurred in operating the FCC System should be considered when calculating profits.

5. Formal Citations

  1. Main-Line Corporate Holdings Ltd v United Overseas Bank Ltd and Another, Suit 806/2004, RA 225/2009, 228/2009, [2009] SGHC 212

6. Timeline

DateEvent
Judgment by Tay Yong Kwang J finding patent infringement by the defendants.
Gan Ai Im filed an affidavit confirming UOB received commissions from First Currency Choice.
Gan Ai Im filed affidavit in response to pre-election discovery application.
Plaintiff filed summons no 2556 of 2009 seeking interim payment.
Cheang Kok Chew filed an affidavit regarding UOB's profits from the FCC System.
Assistant Registrar ordered UOB to pay $1,962,424.30 as interim payment.
Court heard appeals regarding the interim payment order.
Court allowed UOB's appeal and dismissed the plaintiff's appeal.

7. Legal Issues

  1. Interim Payments
    • Outcome: The court set aside the order for interim payment, finding that the defendant is entitled to provide evidence of all costs related to the establishment and operation of the FCC System that may legitimately be deducted from the total commission.
    • Category: Procedural

8. Remedies Sought

  1. Account of Profits
  2. Interim Payment

9. Cause of Actions

  • Patent Infringement

10. Practice Areas

  • Commercial Litigation
  • Patent Infringement

11. Industries

  • Finance
  • Banking

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
Order 29 Rules 10, 11 and 12 of the Rules of Court

14. Applicable Statutes

Statute NameJurisdiction
Rules of CourtSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Patent Infringement
  • Interim Payment
  • Account of Profits
  • Dynamic Currency Conversion
  • FCC System
  • Commissions
  • Expense/Income Ratio

15.2 Keywords

  • patent infringement
  • interim payment
  • account of profits
  • dynamic currency conversion
  • Singapore
  • intellectual property

17. Areas of Law

Area NameRelevance Score
Interim Payment80
Civil Practice75
Patents70
Patent Infringement70
Account of Profits60
Contract Law30
Breach of Contract30

16. Subjects

  • Intellectual Property
  • Civil Procedure
  • Patent Law