Sun Electric v Sunseap: Patent Infringement, Interrogatories, and Particulars
In Sun Electric Pte Ltd v Sunseap Group Pte Ltd, the High Court of Singapore addressed applications for further and better particulars and the withdrawal of interrogatories in two related patent infringement suits. Sun Electric, the plaintiff, alleged that Sunseap Group Pte Ltd, Sunseap Energy Pte Ltd, and Sunseap Leasing Pte Ltd, the defendants, infringed its patents related to power grid systems. The court found the particulars provided by the plaintiff insufficient and ordered the plaintiff to file further and better particulars after the defendants answer the interrogatories, with some amendments to the interrogatories.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
The court declined to order the withdrawal of the Interrogatories, with amendments to some interrogatories. The Plaintiff is to file further and better particulars after receipt of the Defendants’ answers to the Interrogatories.
1.3 Case Type
Intellectual Property
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Applications for further particulars and withdrawal of interrogatories in patent infringement suits. The court addressed the sufficiency of particulars and timing.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Sun Electric Pte Ltd | Plaintiff, Respondent | Corporation | Partial | Partial | |
| Sunseap Group Pte Ltd | Defendants, Applicants | Corporation | Partial | Partial | |
| Sunseap Energy Pte Ltd | Defendants, Applicants | Corporation | Partial | Partial | |
| Sunseap Leasing Pte Ltd | Defendants, Applicants | Corporation | Partial | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Justin Yeo | Assistant Registrar | Yes |
4. Counsels
4. Facts
- Sun Electric Pte Ltd is the registered proprietor of two Singapore patents.
- The patents relate to a power grid system and method of determining power consumption.
- Sunseap Group Pte Ltd and others offer electricity products via off-site power purchase agreements.
- Sun Electric brought suits against Sunseap for alleged infringement of the patents.
- The alleged infringement relates to a PPA between Apple Inc and the Defendants.
- The Defendants applied for further and better particulars of the Plaintiff's pleadings.
- The Plaintiff objected to the requests, stating that the Defendants should first respond to interrogatories.
5. Formal Citations
- Sun Electric Pte Ltd v Sunseap Group Pte Ltd and others and another suit, Suit No 1229 of 2016, [2019] SGHCR 11
6. Timeline
| Date | Event |
|---|---|
| Suit No 1229 of 2016 filed | |
| Suit No 190 of 2018 filed | |
| Hearing of the four applications | |
| Judgment reserved |
7. Legal Issues
- Patent Infringement
- Outcome: The court is determining whether the defendants infringed the plaintiff's patents.
- Category: Substantive
- Sufficiency of Particulars
- Outcome: The court found that the particulars provided by the plaintiff were insufficient.
- Category: Procedural
- Interrogatories
- Outcome: The court declined to order the withdrawal of the Interrogatories, with amendments to some interrogatories.
- Category: Procedural
8. Remedies Sought
- Further and Better Particulars
- Withdrawal of Interrogatories
- Striking out of references to consolidation unit
9. Cause of Actions
- Patent Infringement
10. Practice Areas
- Intellectual Property Litigation
- Patent Litigation
11. Industries
- Energy
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Sun Electric Pte Ltd v Sunseap Group Pte Ltd and others | High Court | Yes | [2019] SGHCR 4 | Singapore | The court refers to its earlier decision regarding the provision of further and better particulars in Suit 190, specifically concerning the definition of 'consolidation unit'. |
| Wright Norman and anor v Oversea-Chinese Banking Corp Ltd and anor | Court of Appeal | Yes | [1992] 2 SLR(R) 452 | Singapore | Cited for the principle that interrogatories could only be raised on specific particulars of negligence. |
| Prima Bulkship Pte Ltd (in creditors’ voluntary liquidation) and another v Lim Say Wan and another | High Court | Yes | [2015] SGHCR 10 | Singapore | Cited for the principle that the provision of particulars can be deferred pending the response to interrogatories. |
| Prudential Assurance Co Singapore Pte Ltd v Tan Shou Yi Peter | High Court | Yes | [2018] SGHCR 4 | Singapore | Cited for the general principles governing interrogatories. |
| Rockwell International Corporation and another v Serck Industries Limited | N/A | Yes | [1988] FSR 187 | N/A | Cited for the principle that a plaintiff may administer interrogatories framed on parts of the specification and ask the defendant whether he used the processes described therein and forming part of his invention, taking them step by step. |
| Thomas & Betts (S E Asia) Pte Ltd v Ou Tin Joan and anor | High Court | Yes | [1998] SGHC 57 | Singapore | Cited for the principle that a plaintiff should not be allowed to put forward vague and sweeping claims in the hope of particularising and substantiating his allegations through discovery or interrogatories. |
| Aktiengesellschaft Für Autogene Aluminium Schweissung v London Aluminium Company, Limited | N/A | Yes | [1919] 2 Ch 67 | N/A | Cited for the principle that it is not the practice to allow interrogatories to travel outside the particulars, and to embrace questions generally of a roving and fishing character. |
| AstraZeneca AB (SE) v Sanofi-Aventis Singapore Pte Ltd | High Court | Yes | [2013] SGHCR 7 | Singapore | Cited for the principles regarding the provision of particulars in a patent infringement claim. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Rules of Court (Cap 322, R 5, Rev Ed 2014) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Patent
- Infringement
- Interrogatories
- Particulars
- Consolidation unit
- Power grid system
- Power purchase agreement
- M2export
- M1export
- Metering data
15.2 Keywords
- patent infringement
- interrogatories
- particulars
- consolidation unit
- Sun Electric
- Sunseap
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Patents | 80 |
| Civil Practice | 75 |
| Intellectual Property Law | 60 |
16. Subjects
- Intellectual Property
- Civil Procedure
- Patent Law