It was a big relief for two-wheeler manufacturer TVS Motors, when the Madras High Court on Monday lifted its earlier restrictions and allowed TVS to use internal combustion (IC) engines with three valves and two spark-plugs in its Flame bikes. Of course, it was a huge setback to Bajaj Auto, which has patent in patent infringement case against TVS.

Setting aside the previous order of restriction, the Madras High Court bench comprised of the Chief Justice (CJ) S J Mukhopadhyaya and Justice Ibrahim Kalifula, pronounced that TVS is allowed to use the technology in its bikes. In its ruling, the bench said that the facts reveal that there is vast difference between the two types of vehicles manufactured by Bajaj and TVS Motors. The bench said, “We are convinced that the stand of TVS Motors is very justified and, therefore, we approve the same.”

The patent infringement case between Bajaj and TVS had been going on for the past one year. Bajaj filed patent infringement lawsuit against TVS in the Madras High Court, claiming that TVS was using twin spark-plug internal combustion engine, Bajaj’s patented technology, in its bikes – particularly in ‘Flame’ bikes. In February 2008, a single judge bench of the Madras HC passed order restricting TVS from manufacturing and marketing bikes using twin spark-plug internal combustion engines.

In its current appeal, TVS claimed that it had arrangements with AVL, Austria, and it was licensed by Indian authorities on May 25, 2000 to use three valves configuration in the internal combustion engines. Confirming the ruling, TVS stated that the Madras HC has ruled that they have not infringed on Bajaj’s technology and they are happy with the ruling.

Commenting on the ruling, Ravi Kumar, VP (business development), Bajaj Auto said, “We have not yet received a copy of the judgment. It is expected tomorrow. We will be able to discuss our future course of action only after going through the copy.”