Delhi High Court Restrains Canva From Making Available ’Present And Record’ Feature In India In Patent Infringement Suit By RxPrism
The Delhi High Court has restrained Canva, an Australian multi-national graphic design platform, from making available its “Present and Record” feature in India in a patent infringement suit filed by RxPrism Health Systems Private Limited. Justice Prathiba M Singh also directed Canva to deposit Rs. 50 lakhs with the Registrar General as a security for RxPrism’s claims for past use of...
The Delhi High Court has restrained Canva, an Australian multi-national graphic design platform, from making available its “Present and Record” feature in India in a patent infringement suit filed by RxPrism Health Systems Private Limited.
Justice Prathiba M Singh also directed Canva to deposit Rs. 50 lakhs with the Registrar General as a security for RxPrism’s claims for past use of the infringing feature in India. This was done considering revenue and sales figures of the users who used the feature in the country at least once till June 30, 2022.
RxPrism, which offers AI-based customer engagement services to pharma companies, filed the suit seeking a permanent injunction restraining infringement of its patent “My Show & Tell” which was launched in May 2020.
The court passed the interim order in favour of RxPrism, observing that prima facie the case was in its favour and against Canva. It said that if the injunction is not granted in RxPrism’s favour, irreparable loss and injury would be caused to it.
“..…the Defendant shall stand restrained from making available their Canva product with the ‘Present and Record’ feature, which infringes the Plaintiff’s suit patent being IN360726 or use any other feature that would result in infringement of the Plaintiff’s patent IN360726,” the court said.
Disposing of the interim injunction application, the court said: “Considering the fact that the Plaintiff has made out a case of infringement, especially by a mapping of claim charts, and that the Defendant has been unable to make a credible challenge to the Plaintiff’s patent, the balance of convenience also lies in favour of the Plaintiff whose market opportunities for licensing and revenue generation can be completely eroded, if in case an interim injunction is not granted at this stage.”
Title: RXPRISM HEALTH SYSTEMS PRIVATE LIMITED & ANR. v. CANVA PTY LTD & ORS.
Citation: 2023 LiveLaw (Del) 607
Advocates Tanmaya Mehta, Sanyam Khetarpal, Prakriti Anand and Karan Vijayan represented the RxPrism.