Home Economy Apex court stops motorbike sale on patent dispute

Apex court stops motorbike sale on patent dispute


Chennai : The Supreme Court has asked TVS Motor Co Ltd (TVS) to stop bookings for its TVS Flame motorbike till Jan 29, while hearing an appeal by Bajaj Auto Ltd (BAL) on a patent violation.

The apex court division bench headed by Justice H.S. Kapadia gave the order after hearing a petition of Pune-based BAL, which challenged a Madras High Court order that on Dec 20, 2007, allowed TVS to manufacture and sell the motorbike.

The apex court also directed the single-judge bench of the Madras High Court to hear all the interim applications on Jan 29.

BAL had earlier complained that TVS had infringed on its patent for digital twin spark plug ignition (DTS-i).

Challenging BAL’s complaint, TVS Motor argued the technology used in TVS Flame was CCVTi (controlled combustion variable timing intelligent) licensed from Austrian engine maker AVL.

According to TVS, the patent BAL claimed to possess was not for the use of DTS-i technology per se but for the use of two spark plugs in a two-valve internal combustion engine.

The firm said it has applied for a revocation of BAL’s patent and stated that using DTS-i technology does not infringe any patent laws.

TVS has filed a Rs.2.5-billion ($63.6 million) libel suit against BAL.