TOWA Corp v ASMPT: Patent Infringement Damages Assessment Clarification

In TOWA Corp v ASMPT Singapore Pte Ltd, the High Court of Singapore addressed clarifications regarding the assessment of damages to be awarded to TOWA Corporation by ASMPT Singapore Pte Ltd for patent infringement. The court, presided over by Lee Seiu Kin SJ, clarified parameters for calculating lost profits from lost sales of auto mould machines, additional parts, and aftersales services. The court awarded damages to the plaintiff in the sum of ¥386,942,396, excluding interests and costs.

1. Case Overview

1.1 Court

General Division of the High Court

1.2 Outcome

Damages awarded to the plaintiff in the sum of ¥386,942,396, excluding interests and costs.

1.3 Case Type

Intellectual Property

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Clarification of damages assessment for patent infringement. Court specifies calculation parameters for lost profits from machine and parts sales.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
TOWA CorporationPlaintiffCorporationJudgment for PlaintiffWon
ASMPT Singapore Pte LtdDefendantCorporationJudgment against DefendantLost
ASMPT LimitedDefendantCorporationJudgment against DefendantLost

3. Judges

Judge NameTitleDelivered Judgment
Lee Seiu KinSenior JudgeYes

4. Counsels

Counsel NameOrganization
Low Chai ChongDentons Rodyk & Davidson LLP
Long Ai MingDentons Rodyk & Davidson LLP
Foo Maw JiunDentons Rodyk & Davidson LLP
Chia Jung Yeong MarkDentons Rodyk & Davidson LLP
Ng Ah Sock, Angie (Huang Ashu)Dentons Rodyk & Davidson LLP
Lim Ying Sin DanielJoyce A. Tan & Partners LLC
Lakshmanan s/o AnbarazanJoyce A. Tan & Partners LLC

4. Facts

  1. TOWA Corp sued ASMPT for patent infringement related to moulding machines.
  2. The Court of Appeal determined the claim period for damages to be from 20 April 2007 to 5 July 2014.
  3. TOWA claimed lost profits from lost sales of auto mould machines and related aftersales products.
  4. The court previously found ASMPT liable for patent infringement.
  5. The parties disagreed on the computation of damages based on the court's prior findings.
  6. The court clarified the maximum number of But-for Sales to be 339.
  7. The court clarified that the Hong Kong market was part of the China market.

5. Formal Citations

  1. TOWA Corp v ASMPT Singapore Pte Ltd and another, Suit No 359 of 2013, [2024] SGHC 163

6. Timeline

DateEvent
Lawsuit filed
Judgment issued on liability
Judgment issued on assessment of damages
Parties directed to provide agreed computation of damages
First Further Hearing
Second Further Hearing
Third Further Hearing
Fourth Further Hearing
Parties reached agreement on damages computation
Fifth Further Hearing: Damages awarded to plaintiff
Sixth Further Hearing: Outstanding issues resolved

7. Legal Issues

  1. Patent Infringement Damages
    • Outcome: The court clarified the parameters for calculating damages, including the number of But-for Sales, market share, and treatment of loss-making years.
    • Category: Substantive
    • Sub-Issues:
      • Calculation of lost profits
      • Determination of market share
      • Treatment of loss-making years
      • Discount rate application
    • Related Cases:
      • [2023] 5 SLR 870
  2. Pre-Judgment and Post-Judgment Interest
    • Outcome: The court determined that pre-judgment interest should run from 19 April 2013 to 15 March 2024, and post-judgment interest from 15 March 2024 to the date of payment.
    • Category: Procedural
    • Sub-Issues:
      • Accrual period for pre-judgment interest
      • Accrual period for post-judgment interest

8. Remedies Sought

  1. Monetary Damages
  2. Account of Profits

9. Cause of Actions

  • Patent Infringement

10. Practice Areas

  • Intellectual Property Litigation
  • Patent Infringement
  • Commercial Litigation

11. Industries

  • Semiconductor
  • Manufacturing

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
TOWA Corp v ASM Technology Singapore Pte LtdHigh CourtYes[2023] 5 SLR 870SingaporeThe judgment sets out the initial decision on the assessment of damages to be awarded to the plaintiff by the first defendant for the infringement of a patent owned by the former.

13. Applicable Rules

Rule Name
Order 42 r 12 of the Rules of Court (2014 Rev Ed)
Order 42 r 7 of ROC 2014

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • But-for Sales
  • Market Share
  • Lost Initial Sales
  • Lost Additional Sales
  • YPS machine
  • IDEALmould machine
  • Claim Period
  • Aftersales Services
  • Discount Rate

15.2 Keywords

  • patent infringement
  • damages assessment
  • lost profits
  • market share
  • semiconductor
  • moulding machines

17. Areas of Law

Area NameRelevance Score
Damages Assessment95
Intellectual Property Law85
Remedies75
Evidence Law50

16. Subjects

  • Intellectual Property Law
  • Patent Infringement
  • Damages
  • Civil Procedure