Tialoc had not withdrawn the suit when Aspen filed its counterclaim with the High Court of Malaya in Penang, Malaysia. Aspen is seeking a declaration that the suit by Tialoc is a “collateral abuse of court process”, an order that Tialoc pay the company the sum of RM41.4 million for losses caused by the suit filed by Tialoc, as well as general damages to be assessed.