The obstacles are cleared for the run but the Chennai based motorbike manufacturer, TVS is not in a hurry to deliver the Flame at once. The supreme court’s favored judgment is just a relief to go ahead with its production of its Flame with twin spark plug technology on the other hand. The company has to exploit soft pedaling till November 30, when the final judgment would be made regarding the infringement case filed by Bajaj Auto.
Even if the company sells Flame, the proceeds would be governed by the receiver appointed by the apex court. In case the judgment goes against TVS, then the company would have to pay damages to Bajaj who claims the patent for the twin spark plug technology. This has made TVS to keep pending the sale in vague till the judgment day. TVS has a mandatory right to sell, as a result of “vindication of in its stance” by the Madras High court’s directive. But Bajaj has a different version about the ongoing tussle- the apex court has taken into account the prima facie of infringement raised by Bajaj. Hence the directive to the Madras High court.
The legal battle between these giants in the motorbike is about the so called plagiarism of patented twin spark plug technology by TVS. Bajaj claims that it has already started the exploitation of twin spark plug technology with the two plug points in its bikes since 2005. The legal battle is on since 2007. The technology is noted for its fuel efficiency and TVS rebuts that the technology is not a new one and is already in use in bike industry since long time.