Tag Archives: Bajaj Patent Controversy

Patent

The Clash of the Titans: Bajaj v TVS once again!


The motorcycle mega houses, Bajaj and TVS are at loggerheads yet again. The two companies are currently fighting it out over patents as well as disparaging advertisements. This post shall explore the recent developments in this controversy. In 2007, TVS filed for a patent for its invention titled “Shock Absorber with helper spring” which Bajaj opposed. The Chennai Patent Office, in the pre-grant opposition found in favour of Bajaj and refused the patent filed by TVS. The orders of the…


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Patent

Interrogating Interim Injunctions: ex parte delays in Symed and Issar


As Shamnad just blogged, we’ve kickstarted the I-3 series, where we interrogate interim injunctions, particularly ex parte injunctions in patent cases. In the past, we’ve consistently highlighted the inequity of interim injunctions in patent cases, especially when they’re awarded without even hearing the other party to the dispute. Over the course of this post and the ones that follow, I will be examining cases in which ex parte “interim” orders have been awarded, taking pains to highlight the attitude and…


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Patent

Interrogating Interim Injunctions (I-3): A New SpicyIP Series


We’re unleashing a new project/case series to highlight the potential inequity of patent injunctions that take forever to vacate–particularly the ex-parte ones. See our posts here and here expressing our angst against ex parte injunctions. Rupali just illustrated a very egregious illustration of one such injunction in her wonderfully articulated blog posts here and here. Balaji and Saahil will soon pick up on this theme and cover some of these cases more extensively. We (a team comprising Swaraj, Balaji, Saahil Dama, Rupali…


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Patent Uncategorized

Merck vs Glenmark: Speeding Up Trials and Injuncting Injunctions


Only a week or so ago, I wrote an op-ed in the Mint highlighting instances of “Jugaad Justice” from our courts. And one such instance turned on the maverick Justice Katju ordering that interim injunctions be dispensed with in complex IP cases. And that one move directly to the trial stage, albeit an expedited one. As I’d noted: “Years ago, in a rare flash of intuitive intelligence, the maverick justice Markandey Katju did away with “interim” injunctions, often the first phase of…


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Copyright Trademark

SpicyIP Event: India IP & Innovation Forum, 28 Feb 2012, New Delhi


By way of a reminder to all those of you interested, James Nurton, the Managing editor of Managing IP sends us a note about the India IP & Innovation Forum. You can also click through the banner on the left column of the blog for more details on this. India IP & Innovation Forumwww.managingip.com/IndiaIP2012 Regency Hyatt Hotel, New DelhiFebruary 28, 2012 Free for IP counsel, academics and R&D professionals Managing IP’s inaugural India IP & Innovation Forum takes place in…


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Patent

Right to begin: Madras HC on Bajaj-TVS case


Over at the Bajaj-TVS trial, which, yes, is still happening in the city formerly known as Madras, a Division Bench of the High Court has reversed the trial court decision, observing that asking Bajaj to lead evidence first to defend its infringement action against TVS. would be “prejudicial”. In a well-reasoned order discussing the “Right to Begin”, the order, which you can read here, offers a refresher course in principles of civil jurisprudence and evidence law, in context of the…


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Eliminating "Interim" IP Injunctions?


In an earlier post, I bemoaned the mechanical grant of ex parte injunctions in patent matters and went on to note that: “In fact, I would go to the extent of arguing (as I do in this paper here with Prakruthi Gowda) that it is far better to dispense with the interim injunction phase altogether in complicated patent disputes and move directly to the trial stage, where issues of validity and infringement are assessed once and for all, after looking…


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Patent

What would be a good day to file a suit for patent infringement? Did Bajaj get it right?


Shamnad recently carried a post on Justice Murlidhar’s judgment in the case of Dr. Snehalata v. UoI. The controversy in that case was as to the ‘date of grant’ of patent. In his order, Justice Murlidhar clarified that a patent is deemed to have been granted on the date when the patent office signed the order granting the patent and not on the date of issuance of the patent certificate. He also mandated that such an order be published on…


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SpicyIP Tidbit: Madras HC Records Issues in Bajaj-TVS Patent Dispute


It was reported in the Business Standard yesterday that the Madras High Court has recorded 17 issues, 8 by Bajaj and 9 by TVS, to be argued before it in the twin spark plug ignition patent dispute. Foreign experts too are expected to be brought in for the case by both sides. Among the issues that TVS has raised, one is if a lean air fuel mixture constitutes an essential element of the patent as claimed by Bajaj. Among the…


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Bajaj-TVS Dispute: SC Permits Temporary Sale of Flame, TVS to Maintain Accounts of Sale


In a crisp order on the Bajaj-TVS patent dispute, the Supreme Court ordered that TVS shall be entitled to sell its motorcycle ‘Flame’, but shall maintain an accurate record of all its domestic and international sales. It has asked the Hon’ble Madras High Court to appoint a receiver in this connection. The Court clarified that its observations did not in anyway reflect its position on the merits of the case and the same shall be borne by the Single Judge…


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