Chennai, Feb 16 (UNI) Madras High Court today granted interim injunction restraining TVS Motor Company from manufacturing, marketing, selling its new bike 'TVS Flame 125.' Granting the injunction, Mr Justice P Jyothimani said prima facie Bajaj Auto Limited's (BAL) technology had 'novelty' which had been registered under the Indian Patents Act, 1970.
Morever, BAL had been marketing the product for five years and it has not been proved so far the product is 'obvious.' Both novelty and enablement had been established by BAL for granting the injunction, he said while dismissing TVS Motor Company's plea for an order restraining BAL from interfering with the manufacture and marketing of 'TVS Flame 125.' The First Bench of Madras High Court on December 20 suspended the order issued by Ms Justice R Banumathi in the patent infringement case filed by Bajaj Auto with regard to the 'TVS Flame' bike.
Following an appeal filed by TVS Motor against the order that restrained the company from booking or selling the Flame brand of bikes, a Bench consisting Chief Justice A P Shah and Ms Justice Rama Subramanian suspended the order.
BAL then moved the Supreme Court which on January 18 restrained TVS Motor from taking further booking order for its two-wheeler 'TVS Flame' till January 29.
The Apex Court Division Bench said the defendant should file a counter-affidavit and the matter should be heard in detail before an injunction order is passed by Madras High Court.
Today, after hearing arguments from both the sides, Mr Justice Jyothimani granted the interim injunction in favour of BAL.
Bajaj Auto accused TVS Motor of infringing its patent on DTS-i -- acronym for Digital Twin Spark Plug ignition -- in TVS Flame.
TVS, in its latest 125 cc motorcycle Flame, uses CCVTi technology which Bajaj claims to be a copy of its DTS-i technology.
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