TVS Motor Company Limited on Wednesday filed an appeal in the Madras High Court, seeking to set aside a single judge order restraining it from manufacturing, marketing, selling and exporting two or three wheelers with an internal combustion engine, infringing Bajaj Auto's patent.
The appeal is likely to come up for hearing tomorrow. Justice P Jyothimani had on February 16 granted an interim injunction on an application filed by Bajaj Auto Limited, Pune, restraining TVS Chennai from using the technology in any manner and invention described in the patent.
In its appeal, TVS submitted that the single judge failed to consider the specific pleading and evidence adduced by it to show that TVS Flame 125 model was based on adoption of the twin spark plug arrangement patented by Honda in US.
"The functioning of the three valve arrangement was based on the patent granted in favour of AVL in US, licensed to TVS by AVL. The entire IC engine of TVS was distinct from the Bajaj patent and thus does not at all infringe the Bajaj patent specifications and claims of Bajaj," it said.
The judge failed to note that in the absence of Bajaj making out any case of infringement or satisfying the prescribed test, an injunction cannot be granted, TVS contended.
The judge did not apply the correct test of comparing Bajaj's claim as envisaged in its patent specification with the product of TVS, it said.
"The judge failed to note that Bajaj filed the suit without seeing the TVS product and the allegations of infringement were based on guess work. Having come to the conclusion that there are triable issues, the judge ought to have relegated the parties to the trial," TVS said.
The appeal is likely to come up for hearing tomorrow. Justice P Jyothimani had on February 16 granted an interim injunction on an application filed by Bajaj Auto Limited, Pune, restraining TVS Chennai from using the technology in any manner and invention described in the patent.
In its appeal, TVS submitted that the single judge failed to consider the specific pleading and evidence adduced by it to show that TVS Flame 125 model was based on adoption of the twin spark plug arrangement patented by Honda in US.
"The functioning of the three valve arrangement was based on the patent granted in favour of AVL in US, licensed to TVS by AVL. The entire IC engine of TVS was distinct from the Bajaj patent and thus does not at all infringe the Bajaj patent specifications and claims of Bajaj," it said.
The judge failed to note that in the absence of Bajaj making out any case of infringement or satisfying the prescribed test, an injunction cannot be granted, TVS contended.
The judge did not apply the correct test of comparing Bajaj's claim as envisaged in its patent specification with the product of TVS, it said.
"The judge failed to note that Bajaj filed the suit without seeing the TVS product and the allegations of infringement were based on guess work. Having come to the conclusion that there are triable issues, the judge ought to have relegated the parties to the trial," TVS said.
- Economic Times
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