BAJAJ AUTO LTD Vs. TVS MOTOR COMPANY LTD

JUDGEMENT

(1.) THE plaintiff in C.S. No.979 of 2007 is the defendant in C.S. No.1111 of 2007.

(2.) C.S. No.1111 of 2007 is a Suit filed under Section 108 of the Patents Act, 1970 for the relief of permanent injunction in respect of the plaintiff's Patent No.195904 and/or from using the technology/invention described in the said patent and/or manufacturing, marketing, selling, offering for sale or exporting 2/3 wheelers, including the proposed 125-CC FLAME motorcycle containing an internal combustion engine or any internal combustion engine or product which infringes the plaintiff's Patent No.195904, claiming of damages for infringement of patent to the extent of Rs.10,50,000/-, etc. Pending the said Suit, the plaintiff therein, namely Bajaj Auto Limited has filed O.A. 1357 of 2007 praying for an order of temporary injunction restraining the respondent from in any manner infringing the applicant's Patent No.195904 and/or from using the technology/invention described in the said patent and/or manufacturing, marketing, selling, offering for sale or exporting 2/3 wheelers, including the proposed 125-CC FLAME motorcycle containing an internal combustion engine or any internal combustion engine or product which infringes the plaintiff's Patent No.195904.

(3.) THE respondent in the said O.A. 1357 of 2007 in C.S. No.1111 of 2007 has filed an Appeal in O.S.A. No.420 of 2007 against the abovesaid order dated 19.12.2007. THE Hon'ble First Bench of this Court by order dated 20.12.2007, has suspended the said order of the learned Single Judge and on the basis of an agreement between the parties that Applications for injunction in both the Suits as well as the Appeal were directed to be heard by the Bench on 04.01.2008, has issued direction making it clear that the appellant, M/s. TVS Motor Company Limited will not be entitled to claim any equity on account of sale of its motor bikes in the meantime.