The Hindu : Business : TVS restrained from making Flame bike

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Business

TVS restrained from making Flame bike

Special Correspondent

Bajaj Pulsar patent valid for 20 years
Balance of convenience favours BAL

CHENNAI: The Madras High Court on Saturday restrained TVS Motor Company from manufacturing and selling 125cc Flame motorcycles by using the technology/invention described in the patent granted to Bajaj Auto Limited.

Bajaj Auto had filed a civil suit under Sec. 108 of the Patents Act for a permanent injunction restraining TVS Motor Company, Chennai, from using the technology/invention described in the patent and/or manufacturing, marketing, selling, offering for sale or exporting 2/3 wheelers, including the proposed 125cc Flame motorcycle containing an internal combustion engine or any internal combustion engine or product which infringed its patent.

It also claimed damages for infringement of patent to the extent of Rs. 10.50 lakh. In its application, the company also prayed for an interim injunction on the same lines.

Civil suit

Likewise, TVS Motor also filed a civil suit on the basis of threat of infringement under Sec. 106 of the Patents Act for declaring that the threats held out by Bajaj Auto on September 1 and 3, 2007, that TVS Motor was infringing Bajaj’s patent and that Bajaj proposed to take infringement action against the plaintiff are unjustified, for declaring that its product TVS Flame which used two spark plugs with screw fitted sleeve and three valves did not infringe Bajaj’s patent. It prayed for a permanent injunction restraining the defendant from continuing issuance of threats that TVS Motor was infringing the defendant’s patent directly or indirectly in any manner, and thereby interfering with the launch and sale of the product TVS Flame. It also prayed for a direction to Bajaj Auto to pay a compensation of Rs. 1 crore as damages.

In his order, Justice P. Jyothimani granted interim injunction as prayed for by Bajaj Auto in its application. The Judge dismissed the application filed by TVS Motor Company seeking an order restraining the respondent from interfering with the manufacture and marketing of the applicant’s products using IC engine with three valves and two spark plugs.

The Judge said it was the clear conduct of TVS Motor Company which had not objected to the product of the applicant ever since the year the patent application was made in 2002, had chosen to file a revocation petition before the Intellectual Property Appellate Board challenging the patent granted to Bajaj Auto for the first time on August 24, 2007. It was also significant to note that immediately within six days from the date of filing of the revocation petition, TVS Motor Company had chosen to introduce its products, including 125cc motorcycle called Flame.

“This certainly cannot be taken as a bonafide conduct of the respondent, by looking into the overall factual situation in this case.” The patent granted to Bajaj Auto for its product Bajaj Pulsar “DTS-I Technology” was valid for 20 years.

Mr. Justice Jyothimani said that Bajaj Auto had proved the prima facie case in its favour in respect of the patent granted to its product. The applicant had made out a prima facie case for injunction against TVS Motor Company.

The Judge said that he was of the considered view that the concepts of prima facie case, balance of convenience and inadequacy of damages lean largely towards Bajaj Auto and the necessary conclusion could only be the grant of injunction in favour of the applicant/plaintiff.

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