TVS Can Sell Original Flame
Clearing the decks for TVS Motor to manufacture and market its 125cc Flame, in its original form, the Madras High Court on Monday lifted an order of injunction which restrained the company from using internal combustion engine with three valves and two spark plugs. TVS now sells, Flame under a completely different technology as against the originally planned one.
Bajaj Auto Ltd had accused TVS Motor of copying its patented technology and moved the courts. In a 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 new motorcycle with similar technology. On February 16, 2008, a single judge restrained TVS from using the technology on its new bike model.
On Monday, setting aside the order, a division Bench comprising justice S J Mukhopadhaya and Justice F M Ibrahim Kalifulla 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.
Concurring with the TVS' submission that its third valve is not merely a cosmetic change, the judges said improved internal combustion working on four stroke principle of Bajaj and the four stroke internal combustion engine with at least two inlet valve and one exhaust valve of TVS were distinct from each other and both were entitled to equal protection of the Patents Act.
While Bajaj obtained patent for its engine, TVS said it possessed licence for the same technology from AVL of Austria. The judges said that since TVS was supported by valid patent as licensee no interim injunction should have been granted against it.
[Via: motorbeam]
Bajaj-TVS headlock again?
Bajaj Auto has been granted "ExhausTEC" Patent. Will TVS be forced to withdraw it's models which are using the same technology?
With the Indian Patent Office granting exclusive rights to Bajaj's "ExhausTEC" system used in their bikes, could spell trouble for TVS Motor Co. Ltd. The south Indian auto major has been using the same system to enhance engine performance of the Apache range.
The two firm were in a headlock earlier when TVS was about to launch the 125cc Flame with the digital twin spark technology. Bajaj Auto had filed a case alleging that TVS Motors had used the technology patented by it in 2002.
The court decided in favor of Bajaj Auto and TVS had to withdraw TVS Falme and re-launch the bike with a single-spark. The court ruling also barred TVS from using twin-spart technology on any of its future models.
According to Bajaj the "ExhausTEC" system significantly improves low and mid range torque in a single cylinder four stroke engine. The system involves a simple and effective method of uses an extra chamber with predetermind volume attached to the exhaust pipe.
The TVS big-wigs must be having sleepless nights as the Apache is one of their bestsellers and with the patent being granted they stand a risk of getting into another row with Bajaj. S. Ravikumar, vice-president, Bajaj Auto said that the patent has armed Bajaj with power of infringement and only time will tell what they plan to do next.
Well according to law gurus all is not over yet for TVS as they have an option to file a post-grant opposition within a year of the patent grant and challenge Bajaj's patent. Meanwhile, they can still continue to sell the Apache model questioning the very validity of the patent, and face Bajaj in the court should Bajaj file a legal suit.
[Via: BIKE]
Bajaj Gets ExhausTEC patent
The Indian Patent Office granted the patent to Bajaj Auto for its "ExhausTEC" invention vide Patent no 231498 dated 5th March 2009. This Grant was published in Patent Gazette dated 27 March 2009. Bajaj was warring for this patent with its competitor TVS Motor.
The press release signed by Vice-President, Business Development, Mr. S. Ravikumar, issued on Wednesday states that the Pune based Bajaj Auto has been awarded the Patent no 231498, dated March 5, 2009 by the Indian Patent office. The patent was published in the 27 March edition of the government of India's Patent Gazette.
The patent may spell trouble for TVS Motors as it has been using the same technology in some of its vehicles Now, Apache brand of motorcycles from TVS Motor are under question because TVS has used 'ExhausTEC' in these bikes as well. However, TVS Motors denies the claim that that patent affects its business.
"The patent granted to Bajaj Auto is for ExhausTEC, which is a chamber fitted on the exhaust pipe. It has nothing to do with DTSi twin spark technology. They are two separate patents and are not linked to each other," the company said in a release here on Friday.
Contending that there is no correlation between 'DTSi twin spark' technology and 'ExhausTEC,' TVS Motor sought to point out that they are two independent technologies with separate patents and these technologies are not used by TVS Motor Company in any of its products.
[Via: cartradeindia]
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