Hoya Corp v Asahi Glass Co Ltd: Patent Infringement Dispute over Glass Lens Rim
Hoya Corp, a Japanese lens manufacturer, sued Asahi Glass Co Ltd and its subsidiaries in the High Court of Singapore, alleging patent infringement related to the rim of a glass lens. The court, presided over by Justice Choo Han Teck, heard three Registrar's Appeals. The court dismissed the defendants' appeal against the order allowing the plaintiff to amend its statement of claim, but allowed the defendants' appeal against the order for further discovery. The court found the original statement of claim vague but allowed amendment to address the claim more specifically. The court disallowed further discovery of the defendants' commercial documents.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal allowed in part.
1.3 Case Type
Intellectual Property
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Hoya Corp sued Asahi Glass for patent infringement related to a glass lens rim. The court dismissed the appeal for further discovery but upheld the order to amend the statement of claim.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Hoya Corp | Plaintiff | Corporation | Appeal allowed in part | Partial | Kang Choon Hwee Alban, Koh Chia Ling, Chua Kian Kiong Nathanael |
| Asahi Glass Co Ltd | Defendant | Corporation | Appeal allowed in part | Partial | Low Chai Chong, Lim Jun Hao Alvin |
| others | Defendant | Corporation | Appeal allowed in part | Partial | Low Chai Chong, Lim Jun Hao Alvin |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Choo Han Teck | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Kang Choon Hwee Alban | ATMD Bird & Bird LLP |
| Koh Chia Ling | ATMD Bird & Bird LLP |
| Chua Kian Kiong Nathanael | ATMD Bird & Bird LLP |
| Low Chai Chong | Rodyk & Davidson |
| Lim Jun Hao Alvin | Rodyk & Davidson |
4. Facts
- Hoya Corp and Asahi Glass Co Ltd are rival specialist lens manufacturers in Japan.
- The dispute concerns patent rights over the glass substrate in the rim of a lens polished to a specific degree.
- The plaintiff claimed the defendants infringed its patent by disposing of the glass substrate.
- The defendants sought to strike out the plaintiff's statement of claim for vagueness.
- The plaintiff obtained an order to seize 50 glass substrates belonging to the defendants for experiments.
- The plaintiff applied to amend its statement of claim to address its claim more specifically.
- The plaintiff sought further discovery of the defendants' commercial documents.
5. Formal Citations
- Hoya Corp v Asahi Glass Co Ltd and others, Suit No 789 of 2008 (Registrar's Appeals Nos 196, 205 and 206 of 2009), [2010] SGHC 15
6. Timeline
| Date | Event |
|---|---|
| Writ and statement of claim filed | |
| Defendants asked for further and better particulars | |
| Order obtained against disposal of glass substrates | |
| Notice of Experiments served on defendants | |
| Plaintiff obtained a list of discovery against the defendants | |
| Defendants applied to strike out the plaintiff’s statement of claim | |
| Order made to release substrates to plaintiff for experiments | |
| Plaintiff made an urgent application to amend its statement of claim | |
| Decision Date |
7. Legal Issues
- Patent Infringement
- Outcome: The court allowed the plaintiff to amend its statement of claim to address the claim more specifically.
- Category: Substantive
- Sub-Issues:
- Inadequate pleading of acts of joint tortfeasors
- Lack of clear averment of how parties acted in concert
- Failure to specify the act of infringement
- Discovery
- Outcome: The court disallowed further discovery of the defendants' commercial documents.
- Category: Procedural
8. Remedies Sought
- Damages
- Injunction
9. Cause of Actions
- Patent Infringement
10. Practice Areas
- Intellectual Property Litigation
- Patent Infringement
11. Industries
- Manufacturing
- Optics
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Patent
- Infringement
- Glass substrate
- Lens rim
- Statement of claim
- Discovery
- Joint tortfeasors
- Pleading
- Amendment
15.2 Keywords
- Patent infringement
- Glass lens
- Statement of claim
- Discovery
- Amendment
- Singapore High Court
16. Subjects
- Patent Law
- Intellectual Property
- Civil Procedure
17. Areas of Law
- Intellectual Property
- Patent Law
- Civil Procedure