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HC seeks Australian firm’s reply to start-up’s suit

Petitioner says Canva’s feature is an infringement of its patented product

November 16, 2021 01:13 am | Updated 01:13 am IST - New Delhi

An Indian software start-up has moved a patent infringement suit before the Delhi High Court against Australian design software giant Canva over its new publishing feature ‘Present and Record’.

RxPrism Health Systems, which is based out of Bengaluru, claimed that Canva’s ‘Present and Record’ feature was an infringement of its patented product ‘My Show & Tell’, that helps businesses and individuals create interactive talking head presentation.

A Bench of Justice Asha Menon on Monday sought response from Canva, its co-founders Melanie Perkins and Clifford Obrecht, and Cameron Adams, co-founder and chief product officer, who were arrayed as defendants in the suit. The High Court posted the case for further hearing on December 9.

Restrain from usage

RxPrism’s suit, filed through advocate Sanyam Khetarpal, has asked the court for a direction to restrain Canva from “using, making, manufacturing, offering for sale, publishing,” their patented technology through the ‘Present and Record’ feature.

RxPrism said it had on December 19, 2018, applied for Indian patent for its invention — ‘A system and a method for creating and sharing interactive content rapidly anywhere and anytime’.

The patent was eventually granted on March 10, 2021, and is valid up to December 2038.

The suit said the ‘My Show & Tell’ product enable users to rapidly create multimedia-based interactive content presentation by showing visual content as first media in the background and explaining about them using audio or video recording as second media as an overlay foreground in an insert movable window.

RxPrism claimed that this is an alternative for the traditional video production which consumes huge cost and time.

The suit claimed Canva, which as on September 14, 2021, was reportedly valued at $40 billion, continues to offer the ‘Present and Record’ feature on its website despite Maruthi Viswanathan, CEO of RxPrism, himself apprising its co-founders of his patent and requesting them for a dialogue.

RxPrism claimed that this “Present and Record” feature became the most successful feature of Canva and was utilised by various users during pandemic times and contributed significantly for its recent growth and fortune in terms of revenue and raising investment with multifold growth.

“Before launching ‘Present and Record’ feature, the Defendant No.1 (Canva) was valued approximately around $6 billion with 30 million monthly active users on June 22, 2020. After launching the ‘Present and Record’ feature the Defendant No.1 was valued at around $15 billion with 55 million monthly active users and doubled the revenue on April 7, 2021,” the suit said.

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