The High Court here today recorded 17 issues likely to be heard on the TVS Motor–Bajaj Auto dispute on the use of twin spark plugs technology by TVS. The two auto majors are planning to argue their case with evidence from foreign experts.
Of the 17 issues listed, nine have been moved by TVS and eight by Bajaj. Some of the issues raised by TVS include whether they infringe Bajaj’s patent, if TVS is entitled to question the patent and , if so, whether Bajaj’s patent is valid, if Bajaj is entitled to claim damages, whether a lean air fuel mixture combustion constitutes an essential element in the patent and so on.
The issues raised by Bajaj include whether the HC has territorial jurisdiction, whther TVS can claim any damages, whether press releases issued two years earlier constituted a threat or not and so forth. In September, the Supreme Court held that TVS was entitled to sell its ‘Flame’ motorcycle brand containing three valves and two spark plugs, following aan earlier approval from the HC. The Supreme Court had directed TVS to maintain and file accounts of sales, which shall be verified by a receiver to be appointed by the HC. And, directed the HC to hear the case further.
