Main-Line Corporate Holdings Ltd v United Overseas Bank Ltd: Patent Infringement & Interim Payment
Main-Line Corporate Holdings Ltd, an Irish company, sued United Overseas Bank Ltd (UOB) for patent infringement related to its Dynamic Currency Conversion system. The Court of Appeal allowed Main-Line's appeal, restoring the assistant registrar's order for UOB to make an interim payment of $1,962,424.30 directly to Main-Line, based on UOB's admitted profits from the infringing system. The court found that the judge had erred in not ordering interim payment, as there was reasonable certainty of a minimum sum recoverable.
1. Case Overview
1.1 Court
Court of Appeal1.2 Outcome
Appeal Allowed
1.3 Case Type
Intellectual Property
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding an interim payment order in a patent infringement case. The court allowed the appeal, ordering UOB to pay Main-Line $1,962,424.30.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Main-Line Corporate Holdings Ltd | Appellant | Corporation | Appeal Allowed | Won | Wong Siew Hong, Adeline Chong Seow Ming |
| United Overseas Bank Ltd | Respondent | Corporation | Appeal Dismissed | Lost | Kannan Ramesh, Jasmine Foong Shu Jun |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of the Court of Appeal | Yes |
| Andrew Phang Boon Leong | Justice of the Court of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Wong Siew Hong | Infinitus Law Corporation |
| Adeline Chong Seow Ming | Infinitus Law Corporation |
| Kannan Ramesh | Tan Kok Quan Partnership |
| Jasmine Foong Shu Jun | Tan Kok Quan Partnership |
4. Facts
- Main-Line owns a patent for dynamic currency conversion.
- UOB entered into an agreement with FCC to use the FCC System.
- Main-Line alleged the FCC System infringed its patent.
- The High Court found in favor of Main-Line in the main proceedings.
- UOB admitted to earning commissions from the FCC System.
- UOB did not have a specific breakdown of costs associated with the FCC System.
- UOB provided expense/income ratios to estimate profits.
5. Formal Citations
- Main-Line Corporate Holdings Ltd v United Overseas Bank Ltd, Civil Appeal No 98 of 2009, [2010] SGCA 9
- Main-Line Corporate Holdings Ltd v United Overseas Bank Ltd, , [2009] SGHC 212
- Main-Line Corporate Holdings Ltd v United Overseas Bank Ltd, , [2007] 1 SLR(R) 1021
- First Currency Choice Pte Ltd v Main-Line Corporate Holdings Ltd, , [2008] 1 SLR(R) 335
- Main-Line Corporate Holdings Ltd v United Overseas Bank Ltd, , [2010] 1 SLR 189
- American International Assurance Co Ltd v Wong Cherng Yaw, , [2009] SGHC 89
- American International Assurance Co Ltd v Wong Cherng Yaw, , [2009] 3 SLR(R) 1117
- Lian Soon Construction Pte Ltd v Guan Qian Realty Pte Ltd, , [1999] 1 SLR(R) 1053
- Westacre Investments v The State-Owned Company Yugoimport SDPR, , [2009] 2 SLR(R) 166
- Schott Kem Ltd v Bentley and Others, , [1991] 1 QB 61
6. Timeline
| Date | Event |
|---|---|
| Proceedings initiated by Main-Line against UOB | |
| High Court found in favour of Main-Line in Main-Line Corporate Holdings Ltd v United Overseas Bank Ltd | |
| Main-Line applied for pre-election discovery of documents | |
| Court of Appeal upheld High Court's decision in First Currency Choice Pte Ltd v Main-Line Corporate Holdings Ltd | |
| Ms Gan filed an affidavit regarding UOB's profits from the FCC System | |
| Main-Line elected for an account of profits against UOB and assessment of damages against FCC | |
| UOB and FCC applied to set aside the notice of election | |
| Main-Line applied for an interim payment from UOB | |
| Mr Cheang filed an affidavit regarding UOB's profits from the FCC System | |
| Assistant Registrar ordered UOB to pay $1,962,424.30 into court as interim payment | |
| Judge allowed UOB’s appeal and set aside the order of the AR granting interim payment | |
| Court of Appeal allowed Main-Line's appeal and restored the interim payment order |
7. Legal Issues
- Interim Payment
- Outcome: The Court of Appeal held that the judge had erred in his exercise of discretion and ordered UOB to make an interim payment to Main-Line.
- Category: Procedural
- Sub-Issues:
- Ascertainment of minimum sum
- Exercise of judicial discretion
- Related Cases:
- [2009] SGHC 89
- [2009] 3 SLR(R) 1117
- Patent Infringement
- Outcome: The court had previously found UOB liable for patent infringement in the main proceedings.
- Category: Substantive
- Related Cases:
- [2007] 1 SLR(R) 1021
- [2008] 1 SLR(R) 335
8. Remedies Sought
- Account of Profits
- Interim Payment
9. Cause of Actions
- Patent Infringement
10. Practice Areas
- Intellectual Property Litigation
- Patent Infringement
- Commercial Litigation
11. Industries
- Banking
- Finance
- Technology
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Main-Line Corporate Holdings Ltd v United Overseas Bank Ltd | High Court | Yes | [2009] SGHC 212 | Singapore | The High Court decision that was appealed against in the present case. |
| Main-Line Corporate Holdings Ltd v United Overseas Bank Ltd | High Court | Yes | [2007] 1 SLR(R) 1021 | Singapore | Cited as the High Court decision in the substantive dispute between the parties. |
| First Currency Choice Pte Ltd v Main-Line Corporate Holdings Ltd | Court of Appeal | Yes | [2008] 1 SLR(R) 335 | Singapore | Cited as the Court of Appeal decision in the substantive dispute between the parties. |
| Main-Line Corporate Holdings Ltd v United Overseas Bank Ltd | High Court | Yes | [2010] 1 SLR 189 | Singapore | Cited for the High Court's decision regarding the validity of Main-Line's notice of election. |
| American International Assurance Co Ltd v Wong Cherng Yaw | High Court | Yes | [2009] SGHC 89 | Singapore | Cited for the two-stage test to determine whether an order for interim payment should be made. |
| American International Assurance Co Ltd v Wong Cherng Yaw | Court of Appeal | Yes | [2009] 3 SLR(R) 1117 | Singapore | Cited for the principle that the court can order interim payment in respect of part of a complex claim where there is evidence establishing a minimum sum likely to be recoverable. |
| Lian Soon Construction Pte Ltd v Guan Qian Realty Pte Ltd | Court of Appeal | Yes | [1999] 1 SLR(R) 1053 | Singapore | Cited for the principle that an appellate court should not disturb a decision involving judicial discretion unless it was exercised erroneously. |
| Westacre Investments v The State-Owned Company Yugoimport SDPR | Court of Appeal | Yes | [2009] 2 SLR(R) 166 | Singapore | Cited for the principle that the starting presumption should be that the judge below had exercised his or her discretion correctly. |
| Schott Kem Ltd v Bentley and Others | Queen's Bench Division | Yes | [1991] 1 QB 61 | England and Wales | Cited for the principle that an applicant for interim payment does not need to show need or prejudice before an interim order may be made. |
13. Applicable Rules
| Rule Name |
|---|
| Order 29 r 12(a) of the Rules of Court |
| Order 29 r 17 of the Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, 2006 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Dynamic Currency Conversion
- Patent Infringement
- Interim Payment
- Account of Profits
- Expense/Income Ratio
- FCC System
- Commissions
- Reasonable Certainty
15.2 Keywords
- patent infringement
- interim payment
- account of profits
- currency conversion
- Singapore
- UOB
- Main-Line
16. Subjects
- Intellectual Property
- Patent Law
- Civil Procedure
17. Areas of Law
- Patent Law
- Civil Procedure
- Intellectual Property Law