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The judge dismissed the application filed by TVS, seeking to restrain Bajaj from interfering with manufacturing and marketing of its product with three valves and two spark plugs. He said there was no dispute over the fact that Bajaj has been marketing its products, patented with ‘DTS-i Technology’, from 2003 till now.
“The products have obtained a significant place in the market as the number sold throughout the world over the years was steadily increasing. It has not been denied with any material. Therefore, Bajaj certainly has proved the prima facie case in its favour”, he said.
The two companies have been at loggerheads over TVS’ CCVTi technology, which Bajaj claims to be an infringement of its patented DTSi technology. Bajaj had filed a case against the Chennai-based bike maker to restrain it from manufacturing the 125 cc Flame, based on CCVTi technology. Denying Bajaj’s claims, TVS had filed a Rs 250 crore defamation suit against the Pune-based company in the Bombay High Court.
The judge said that till 2002, when the application for the patent was made, TVS had not objected to the product of Bajaj, but filed a revocation petition for the first time on August 24, 2007 under Section 64 of the Patents Act before the Intellectual Property Appellate Board, challenging the patent granted to Bajaj.
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