The division bench of Madras High Court comprising
Hon. Justice S J Mukhopadhaya and Hon. Justice F M Ibrahim Kalifulla has
allowed both appeals of TVS Motor Company Limited by its order dated
18th May 2009.
The appeals were filed by TVS Motor Company aggrieved by the order of
the Single Judge of the Madras High Court granting an injunction in
favour of M/s Bajaj Auto Limited, restraining TVS Motor Company from
manufacturing and selling its "TVS FLAME" motorcycle involving twin
spark plug technology
Bajaj Auto had claimed a registered patent involving the twin spark plug
technology and that TVS Motor had infringed Bajaj's patented twin spark
plug technology. The Court in its order observed that there was a
difference between the three valve configuration of TVS Motor Company
and the two valve configuration of Bajaj Auto Limited. That the
combustion process of TVS Motor Company was not exclusively based on the
twin plug operation but was based on the three valve configuration
patented by M/s AVL GMBH of Austria licence to TVS Motor Company to use
its technology. .
The Division Bench held that merely because prima facie Bajaj Auto
Limited was having a valid patent that by itself would not mean that
Bajaj Auto had made out a strong prima facie case of infringement
against the TVS Motor Company.
The bench further held that prima facie the product manufactured by TVS
Motor has a distinctive feature, which is different from that of Bajaj's
patent. Accordingly the Division bench set aside the order of the Single
judge and discontinued the injunction granted by him.
TVS Motor has right from the very beginning asserted that their product
in no way infringes the technology of Bajaj Auto. As such, this ruling
by the honourable division bench of the Madras High Court has vindicated
TVS Motor Company