The Chief Justice of the Singapore Supreme Court revokes a key Element Six patent on grounds of insufficiency and reverses High Court’s finding of infringement.

SINGAPORE, REPUBLIC OF SINGAPORE, February 21, 2023 /EINPresswire.com/ -- On Friday, February 17, 2023, after almost seven years of litigation against Element Six Technologies Ltd (“Element Six”), the Singapore Court of Appeal (“the Court of Appeal”) issued a decision allowing IIa Technologies’ appeal. IIa Technologies has finally been vindicated. Two of Element Six’s patents that were asserted against IIa Technologies were revoked by the Singapore Court.

Element Six lost its first patent on February 7, 2020, when the Honourable Justice Valerie Thean found that Element Six’s Singapore patent number 110508 (“SG508”) was invalid and ordered the patent to be revoked. SG508 related to the heat treatment of CVD diamonds leading to a change of colour. IIa Technologies’ full statement in relation to the revocation of SG508 can be found here: https://www.2atechnologies.com/post/iia-technologies-successfully-invalidates-key-element-six-patent.

In its ruling of 17 February, the Court of Appeal panel, comprising the Honourable Chief Justice Sundaresh Menon, Justice of Appeal Judith Prakash and Justice of Appeal Steven Chong unanimously found that the other Element Six patent in the suit, Singapore patent number 115872 (“SG872”) was also invalid and ordered the full revocation of the patent. SG872 concerned the production of CVD Diamond material for use as gems and in optical applications.

In a 126-page decision, the Court of Appeal found that SG872 was invalid on two grounds of insufficiency and therefore should be revoked in full. In its decision, the Court of Appeal also overturned the High Court earlier finding of infringement. The Court of Appeal is the final appellate Court in Singapore and its ruling represents the final decision in this matter.

IIa Technologies has consistently and vigorously defended its rights to commercialise its proprietary, trade secret process for manufacturing laboratory grown diamonds using CVD technology. The R&D that led to this trade secret process began many years ago, involving a significant investment of time, resources and millions of dollars. Prof. D. S. Misra, CTO of IIa Technologies, recently commented: “Not only have the patents been revoked but we are especially grateful that the Court of Appeal has also overturned the earlier findings of infringement. While the past seven years have been long, we do feel fully vindicated now that the process has been finally concluded in IIa Technologies’ favour.”

For the judgement details, please see:
https://www.elitigation.sg/gd/s/2023_SGCA_5
THE COURT OF APPEAL OF THE REPUBLIC OF SINGAPORE
[2023] SGCA 5
Civil Appeal No 41 of 2020
IIa Technologies Pte Ltd vs Element Six Technologies Ltd
In the matter of HC/S 26/2016

Irina Minervino
Amadeus Consultancy Ltd
communications@amadeus.london