1. CHENNAI
3rd Floor, „Creative Enclave‟,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
BAJAJ AUTO LTD
VS.
TVS MOTOR Co. LTD
PATENT INFRINGEMENT –
CASE STUDY
PREETHI NARAYANAN
JUNIOR ASSOCIATE- PATENTS

2. CHENNAI
3rd Floor, „Creative Enclave‟,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Digital Twin Spark ignition
technology (DTSi) Vs
Controlled Combustion
Variable Timing Intelligent
(CCVTi)

3. CHENNAI
3rd Floor, „Creative Enclave‟,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
BRIEF SUMMARY OF THE CASE
•In 2007 Bajaj claims patent infringement against TVS at Chennai High
Court. Single judge of Madras HC issued a temporary injunction on 16th
February, 2008 of the manufacture and sale of TVS Bikes with alleged
infringed twin spark
•TVS files a section 106 suit before the Madras High Court, claiming that
Bajaj is making “groundless threats of patent infringement” and that the
court should declare that TVS does not infringe
•Far from issuing such a declaration, the Madras High Court restrains
(injuncts) TVS, albeit to a limited extent (it could execute pending
orders, but couldnt take fresh orders for bikes).
•TVS asks for a vacation of said injunction and a Division Bench of the
same High Court agrees and vacates the injunction.
•Bajaj then appealed at the Supreme court against the Madras Division
bench decision and the supreme Court issued an interim order allowing
TVS to manufacture but restrained it from selling till final order is passed

4. CHENNAI
3rd Floor, „Creative Enclave‟,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Bajaj Auto Limited was granted Indian Patent No.
195904 in respect of a patent application titled "An
Improved Internal combustion engine working on
four stroke principle" with a priority date of 16th
July 2002. The said invention relates to the use of
twin spark plugs for efficient combustion of lean air
fuel mixture in small bore ranging from 45 mm to 70
mm internal combustion engine working on 4 stroke
principle.
BAJAJ XCD 125 DTS-Si:

5. CHENNAI
3rd Floor, „Creative Enclave‟,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CLAIMS FROM BAJAJ PATENT

6. CHENNAI
3rd Floor, „Creative Enclave‟,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
DTSI ENGINE

7. CHENNAI
3rd Floor, „Creative Enclave‟,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
M/s. TVS Motor Company Limited has launched
motor bikes of 125-CC on 13/14.12.2007 under the
trade mark 'FLAME' powered with a lean burn
internal combustion engine of bore size 54.5 mm
with a twin spark plug configuration, with the
Controlled Combustion Variable Timing intelligent
technology (“CC-VTi”) engine which according to
the applicant, infringes its patent No. 195904.
TVS FLAME:

8. CHENNAI
3rd Floor, „Creative Enclave‟,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
3- VALVE AND TWIN SPARK ENGINE

9. CHENNAI
3rd Floor, „Creative Enclave‟,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
•According to plaintiff, they were invented a unique technology of
using two spark plugs for efficient burning of lean air fuel mixture
in a small bore engine in the size between 45mm and 70mm.
•In small bore non-racing engines, the need to have more than one
spark plus was never thought necessary if there were no
advantages of a dual spark plug. The invention was on the
application of twin plugs in small bore engine in a specific engine
running condition of lean burn, to derive positive merits of
improved fuel efficiency and emission characteristics.
•Use of two sparks plugs was applicable in the large bore size. In
case of the small bore engines were not lean burn.
•The novelty of the invention lies on the use of lean burn engines.
•The industrial applicability lies as it helped the automobile
industry in cutting short the fuel consumption.
PATENTABILITY OF INVENTION

10. CHENNAI
3rd Floor, „Creative Enclave‟,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
The argument forwarded by the respondents, following were
the grounds used by the respondents to challenge the patent of
the applicants
1. The concept of two spark plugs being prior art- produced
various published papers
2. US patent no: 5320075 titled “Internal Combustion Engine
with Dual Ignition for a lean burn”
3. Takegawa Cylinder heads and Honda Bros, NC 25E.
Kawasaki KZ 1000 SI have configured of two valves per
cylinder with twin plugs.
4. The third valve arrangement of the respondent is protected
by patent licensed to it by AVL List GMBL: According to
the respondent, the spark plugs in the engine in its vehicle
“FLAME” are arranged in a different way in comparison to
what is claimed by plaintiff’s applicant’s patent.
DEFENDANT RESPONSE ON PATENTABILITY OF INVENTION

11. CHENNAI
3rd Floor, „Creative Enclave‟,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
The learned single judge, after considering the
submissions of both parties and considering various
facets of the case came to the conclusion.
The court relied upon the principles in granting
interlocutory injunction, including any patent action.
The principles are:
• The plantiff must prove prima facie case that the
patent is valid and infringed;
• Balance of convenience is in favor of plaintiff; and
•Irreparable loss that may be caused to plaintiff by
not granting an order of injunction.
JUDGMENT AND ANALYSIS:

12. CHENNAI
3rd Floor, „Creative Enclave‟,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Conclusion of prima facie reveals that the product of the applicant
(BAL) for which the patent is granted as invention has found a special
place in the market. The patent granted to the applicant relates back to
the date of application (16 July 2002) or in event from the date of
introduction of the product by the applicant, (Bajaj Pulsar “DTS-I
Technology”) in 2003 and the said patent is valid for a period of 20
years as per the provision of Patents Act, 1970.
On the other hand, the respondent, who has not objected to the product
of the applicant ever since the year the patent application was
made, has chosen to file a revocation petition before the
IPAB, challenging the patent granted to the applicant for the first time
on 24th August 2007. Immediately within six days from the date of
filing of the revocation petition, the respondent has chosen to
introduce its product, including “FLAME”, which was not taken as
bono fide conduct on the part of the respondent.
-- Continued

13. CHENNAI
3rd Floor, „Creative Enclave‟,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
1. Bajaj was given patent right as it was manufacturing the
product for more than 5 years. Thus the patent was valid.
2. TVS has been allowed to sell its bike with Twin Spark
Plugs, with a court Receiver being appointed to maintain
books of profit.
3. In its interim order, the Supreme Court reiterated that in
matters relating to trademarks, copyright and patents, the
provision of the Code of Civil Procedure which mandate that
civil disputed should be heard on a day to day basis without
any adjournments, except in circumstances beyond the
control of the parties. It also directed that the final judgment
should be given normally within four months from the date of
the filing of the suit. The supreme Court directed that the
timeline stipulated above be adhered to “punctually and
faithfully” by all courts and tribunals in the country.
FINAL JUDGEMENT:

14. CHENNAI
3rd Floor, „Creative Enclave‟,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
#1533, Trichy Road,
Coimbatore, India – 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com