Tamil Nadu   

Bajaj-TVS row: single judge order on new bike suspended

CHENNAI: The Madras High Court on Thursday suspended a single judge order restraining TVS Motor Company Limited from booking orders for Flame, its new motorbike.

The First Bench of Chief Justice A.P. Shah and Justice V. Ramasubramanian suspended the order of status quo until further orders and posted all connected appeals to January 4 and 5 for further hearing.

On Wednesday, Justice R. Banumathi granted an order of status quo against TVS Motor on a suit filed by Bajaj Auto Limited, which claimed that TVS Motor had infringed its patent rights by copying key features of its patented technology.

On Thursday, senior counsel A.L. Somayaji told the First Bench that the interim order was passed even without giving any time to TVS Motor to file a counter-affidavit, and that TVS Motor had moved the Intellectual Property Appellate Board to revoke the patent granted to Bajaj’s technology.

Ariyama Sundaram, senior counsel for Bajaj Auto, however, contended that unique features such as the twin sparkplug, the narrow bore and low emission contributed to fuel efficiency, and Bajaj Auto held the patent for the technology.

Arguing that no prejudice would be caused to TVS Motor if the interim order restraining it from accepting new bookings were to be continued, counsel said TVS Motor did not possess any licence to apply such a technology.

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