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MONDAY, NOVEMBER 09, 2009

Chennai: The Madras High Court on16 February restrained TVS Motor Company from manufacturing, marketing and selling its bike ‘TVS Flame 125’ in the ongoing patent infringement case with rival Bajaj Auto.

In an interim injunction, Justice P Jothimani granted the stay order on a petition by Bajaj Auto, which claims to have patented the technology used in Flame 125.

BAL had also sought a direction from the court to restrain TVS from manufacturing, marketing and selling the bike.

The judge also dismissed a petition filed by TVS to restrain Bajaj from interfering with the manufacture and sale of its new bike.

On 4 February, the High Court reserved orders on the petitions filed by the two over allegations of infringement of patent rights by TVS.

Originally, TVS Motor Company filed a petition, seeking to restrain Bajaj from issuing groundless threats to it. Bajaj had later impleaded itself in the case.

A single judge bench had directed maintenance of status quo on bookings for the new bike. However, on an appeal from TVS Motor, a division bench had stayed the single judge’s order.

Against this, Bajaj filed a Special Leave Petition. The Supreme Court had on 18 January asked TVS Motor not to book further orders for its new bike and directed the single judge to hear the case on 29 January. Accordingly, the petition was posted for hearing on that day and arguments commenced.

In its suit, Bajaj alleged that TVS Motor had infringed its patent rights by copying key features of its patented technology.

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Speed Said:


This must be a joke, motorcycle technology used in India today are clones of Japanese technology from the 1980's! For 2 technically mediocre firms to sue each other is a disgrace! If these chaps are so hot, why are they not ruling the world with their, 'patented' technology. The judge should throw out frivilous litigation as these, and fine them both for fudging their technology from the Japanese!

Posted On 2/17/2008 12:25:06 AM