The Madras High Court has dismissed a petition by Bajaj Auto seeking a stay on an order passed by the court on May 18, allowing TVS Motor to manufacture and market its 125 CC ‘Flame’ motorcycle, in its original form.
The court on May 18 lifted an order of injunction restraining TVS Motor’s from using internal combustion engine with three valves and two spark plugs. The injunction had forced TVS to sell ‘Flame’ with a different engine.
Yesterday, Bajaj Auto approached a division bench comprising Justices V Dhanapalan and M M Sundaresh, seeking a stay on the recent order. But the Bench declined to stay the order and adjourned the petition by two weeks.
Bajaj Auto is intending to approach the Supreme Court contesting the order passed by Madras High Court allowing TVS to sell ‘Flame’ in its original form.
Bajaj Auto had slapped a case against TVS last year when ‘Flame’ was launched with twin spark technology, which Bajaj claimed was its patented technology. In its petition, Bajaj claimed that though it had patent for an internal combustion engine with four stroke, two plugs and two valves configuration, TVS had infringed the rights as it had planned a bike with similar technology.
On February 16, 2008, a single judge restrained TVS from using the technology.
The division Bench on May 18, said photographs disclosed a marked difference between three valve configuration of TVS and the two valve configuration of Bajaj vis-a-vis the positioning of the twin plugs in the engine.