KUALA LUMPUR (April 6): Pentamaster Instrumentation Sdn Bhd (PISB) is seeking an injunction against Elsoft Research Bhd and its wholly-owned subsidiary AGS Automation (M) Sdn Bhd (AGS) to prevent the companies from producing and trading a product alleged to have infringed on PISB's patents.

In a filing with Bursa Malaysia, Elsoft said the injunction is among the reliefs and claims stated in the statement of claim accompanying the writ of summons that it received from PISB today.

PISB is also seeking delivery of all alleged infringing products, as well as related information and documents under the possession of Elsoft and AGS or their agents, associated companies, sellers and customers, within a week from the date of the judgment, if it wins the suit.

Elsoft said PISB is also seeking an order for inquiry of suffered damages, as a result of the alleged infringement and payment of the damages.

Elsoft said it is unable to estimate the potential liability to the group at this juncture, because the claims, cost and damages sought by PISB are not quantified.

The company said PISB may also seek an interlocutory injunction, pending a full trial against Elsoft and AGS, to restrain them from further manufacturing and using the alleged infringing product.

“In the event that such an injunction is obtained, Elsoft and AGS are compelled to stop production of such alleged infringing product, and this will have financial and operational impact on Elsoft,” it added.
 
Elsoft maintains that the alleged infringing product does not come within the scope of the claims of PISB related to its two patents.

The company said it will seek the opinions of expert witnesses to assess the validity of PISB’s patent and its claim of infringement.

PISB initially filed the suit against QAV Technologies Sdn Bhd. Last week, it added Elsoft and AGS as defendants.

Pentamaster Corp Bhd, which is the holding company of PISB, had said it had also named Lumileds Malaysia Sdn Bhd as a defendant in the suit.

The court has postponed the hearing date to May 31, for PISB’s application for an injunction and QAV's application to set aside the court's order granted on Jan 21.

Pentamaster shares closed 4 sen or 6.56% higher at 65 sen today, for a market capitalisation of RM92.67 million.

Elsoft shares meanwhile, closed 4 sen or 6.56% higher at 65 sen, for a market value of RM322.08 million.