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* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 01.12.2025 Judgment pronounced on: 28.01.2026 + FAO(OS) (COMM) 211/2023, CM APPLs. 49322/2023, 49325/2023, 63761/2023 & 63762/2023 CANVA PTY LTD & ORS. .....Appellants Through: Mr. Saikrishna Rajagopal, Ms. Sneha Jain, Dr. Victor Vaibhav Tandon, Ms.

Shruti Jain, Mr. Ayush Saxena, Advs.

versus RXPRISM HEALTH SYSTEMS PRIVATE LIMITED & ANR. .....Respondents Through: Ms Swathi Sukumar, Sr. Adv. with Mr. Kriti Ranjan, Mr. Vishal, Mr. Ritik Raghuvanshi, Mr. Abhishek Ranjan, Advs.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA

JUDGMENT

% 28.01.2026 OM PRAKASH SHUKLA, J.

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1. The present appeal is preferred under Section 13(1) of the Commercial Courts Act, 2015, read with Order XLIII Rule 1(r) and Section 151 of the Code of Civil Procedure, 1908¹, assailing the judgment dated 18.07.2023 passed by the learned Single Judge in I.A. No. 14842/2021 in CS (COMM) 573 of 2021, whereby the application filed by the Respondent/Plaintiff under Order XXXIX Rule 1 & 2 CPC seeking an interim injunction on the ground of alleged infringement of Indian Patent No. 360726 ("Suit Patent") was allowed.

2. For the sake of convenience and consistency, the parties to the present appeal shall be referred to by the same nomenclature as adopted before the learned Single Judge. Accordingly, the Appellant shall be referred to as “Defendant”, and the Respondent No.1 as “Plaintiff” and so on and so forth unless the context otherwise requires.

3. The plaintiff, RxPrism Health Systems Private Limited, claims to be a startup company registered under Companies Act, 1956 engaged in providing technology products for social selling and social commerce to business organization for digital customer engagement. Plaintiff asserts ownership of Indian Patent No. ‘IN360726’ titled “A system and a method for creating and sharing interactive content rapidly anywhere and anytime”²

4. Defendant No. 1, Canva Pvt Ltd., is an Australian technology company operating a globally used online design and content-creation platform under the brand name “Canva”. The dispute in the present proceedings arises from the Plaintiff’s allegation that Canva’s feature titled “Present and Record” infringes the Suit Patent by enabling users to create presentations containing a video overlay, along with certain interactive elements.

5. By the impugned judgment, the learned Single Judge has recorded a prima facie finding that Defendant’s “Present and Record feature infringes the Suit Patent and consequently granted an interim injunction restraining the Defendant from using the impugned feature in India and inter alia directed :

"92. In view of the above discussion, 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.

93. This Court also notices that the Defendant No. I is an Australian company and the Defendant Nos.2 & 3 are the senior officials in the said company. The Defendant has no assets in India and also do not have physical business in India. Accordingly, considering the revenue and sales figures of the users who have used the 'Present and Record' feature in India at least once as per the Defendant themselves, till 30th June, 2022 the Defendant No.I- Canva Pvt. Ltd is directed to deposit a sum of Rs. 50 lakhs with the Registrar General of this Court, which shall be kept in the form of a FDR, as a security for the Plaintiff's claims for past use of the infringing feature in India.

94. In the facts and circumstances of this case and bearing in mind the language used in the written statement against the Plaintiff, costs of Rs. 5 lakh is awarded in favour