D.P.S.PARMAR,TECHNICAL MEMBER - (1.) THIS is a transfer application for revocation of Patent No. 189097 granted to Bajaj Auto Limited. This application has been transferred to Intellectual Property Appellate Board (IPAB) by Hon'ble High Court of Delhi vide order No. C.O.No.3 of 2004 dated 25th May, 2007.
(2.) THIS matter came up before the Board on 24/09/2012. The learned counsel Ms. Pratibha M. Singh appeared for the appellant and learned counsel Shri M.K. Chakrabarti appeared for the respondent.
(3.) THE applicant in this case, LML Limited is an Indian company incorporated under the Companies Act, 1956 carrying out their business for several years, inter alia, in the field of motor vehicles including two - wheeled motor vehicles such as motorcycles, motorscooters, mopeds and the like. They received a cease and desist notice from respondent on 12th April 2004. The applicant filled a petition for revocation of patent no 189097 at Hon'ble High Court Delhi (CO.NO.3 of 2004) on 27.04.2004. They are therefore person interested' to file this revocation application. BACKGROUND During the period of 1990, 2 - stroke engines were known and were used in 2 wheeled automotive industries. Manufacturers like -Bajaj Auto Limited, LML, Piaggio were manufacturing two stroke scooters with monocoque chassis and engine disposed at one side of the vehicle. It was a challenge for these two wheeler manufacturers including Bajaj Auto Limited - i) to improve the fuel efficiency of said scooters; and ii) to reduce emissions of said scooters. ;