Press Statement

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