Dua Associates and battery of Senior Counsels bring TVS Flame to the road

The Supreme Court on Wednesday allowed TVS Motors to sell its 125 cc flagship motorcycle, “TVS Flame”, featuring twin spark plugs. Two years and two High Courts later, the dispute finally reached the Supreme Court, which was called on to decide the contentious patent held by Bajaj. Shiraz Patodia, lead counsel for TVS Motors, heads the Intellectual Property and the International Trade & Customs Practice Groups of Dua Associates. She hopes that the dispute will end soon with the Supreme Court asking the single judge of the Madras High Court to hold day-to-day hearings on this matter to settle the dispute before November 30, 2009. Bar & Bench traces the route and the distance clocked by these two motor bike companies regarding the invention of the twin spark plug..The Supreme Court on Wednesday allowed TVS Motors to sell its 125 cc flagship motorcycle, “Flame”, featuring twin spark plugs. Two years and two High Courts later, the dispute finally reached the Supreme Court, which was called on to decide the contentious patent held by Bajaj. Shiraz Patodia [pictured], lead counsel for TVS Motors, heads the Intellectual Property and the International Trade & Customs Practice Groups of Dua Associates. She hopes that the dispute will end soon with the Supreme Court asking the single judge of the Madras High Court to hold day-to-day hearings on this matter to settle the dispute before November 30, 2009. Bar & Bench traces the route and the distance clocked by these two motor bike companies regarding the invention of the twin spark plug..2002 – Bajaj files a patent for twin spark plug..2005 – Patent office grants a Patent for exclusive rights, to prevent third parties from making, using, offering for sale, selling or importing for those purposes ‘An improved internal combustion engine working on four stroke principle’. The patent also restricts grant of such patent to anyone else for a period of 20 years from the date of application..September to November 2007 – TVS files a declaratory suit before the Madras High Court, claiming that Bajaj is making “groundless threats of patent infringement” and that the High Court should declare that TVS does not infringe. TVS launches “Flame”. TVS files a defamatory suit before the Bombay High Court, against Bajaj Auto for Rs. 250 Crores ($52 Million). Bajaj files a claim for a permanent injunction to restrain TVS from causing any infringement to the Patent including the production and sale of ‘Flame’..February 2008 –Justice R. Bhanumathi of the Madras High Court restrains TVS from processing further bookings and advertising for fresh orders. TVS is only allowed to execute the pending orders . TVS prefers an appeal before the Division Bench..May 2009 – The Division Bench consisting of Justices S.J. Mukhopadhaya and F.M. Ibrahim Kalifulla in a 107 page order agrees with the contentions of TVS and vacates the order of the Single Judge..May 2009 – Bajaj approaches Supreme Court, seeking reversal of the High Court order and reinstate earlier injunction..September 16, 2009 – Division bench of the Supreme Court, Justices Markandey Katju and A.K. Ganguly allow the interim petition of TVS to sell Flame. The Supreme Court mandates TVS Motor to maintain accurate records and accounts of its all India and export sales and directed the Madras High Court to hear the case on a daily basis and pass an order before November 30, 2009..Dua and TVS have engaged the country’s top Senior Counsels. At the Madras High Court, Senior Counsel A.L. Somayaji and the Advocate General of Tamil Nadu, Mr. P.S. Raman argued for TVS, while C.A. Sundaram argued for Bajaj Auto being represented by Chennai based law firm AA Mohan Associates with their Managing Partner AA Mohan in the lead along with Kannan Mugunthan..TVS had a strong team in the Supreme Court with Abhishek Manusinghvi, Shanti Bhushan and K.K. Venugopal along with the Senior Counsels who argued at the Madras High Court. Bajaj was represented by Senior Counsel Rohington Nariman. Shiraz was assisted by associates Priyanjali Yadav and Anusuya Sinha at Dua Associates..The Economic Times reports that Bajaj intends to go on the aggressive at the trial. They will take up the matter with the Intellectual Property Appellate Board and once the matter is resolved, it will, in fact, be counted as one of the “quickest trials in the Indian judiciary”.