Delhi High Court - Orders
Rxprism Health Systems Private Limited ... vs Canva Pty Ltd & Ors on 15 November, 2021
Author: Asha Menon
Bench: Asha Menon
$~Suppl.-11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 573/2021
RXPRISM HEALTH SYSTEMS PRIVATE LIMITED
& ANR. ..... Plaintiffs
Through: Mr. Tanmaya Mehta, Mr. Sanyam
Khetarpal, Ms. Narita Yadav and
Ms. Prakriti Anand, Advs.
Versus
CANVA PTY LTD & ORS. ..... Defendants
Through: None.
CORAM:
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 15.11.2021 (HYBRID HEARING) I.A.14844/2021 (for exemption)
1. Allowed, subject to just exceptions.
2. The application is disposed of.
I.A.14843/2021 (of plaintiffs u/O XI R-1(4) for filing additional documents)
3. For the reasons stated in the application, the same is allowed. The plaintiffs are permitted to file additional documents within a period of 30 days, subject to all just exceptions.
4. The application stands disposed of.
CS(COMM) 573/2021, I.As.14842/2021 (of plaintiffs u/O XXXIX R- 1&2 CPC for interim injunction) & 14845/2021 (of plaintiffs u/S 12A of the Commercial Courts Act, 2015 r/w Section 151 CPC for CS(COMM) 573/2021 Page 1 of 3 exemption from institution of pre-institution mediation)
5. The plaint be registered as a suit.
6. The present suit has been filed for permanent injunction restraining infringement by the defendants of the impugned technology titled as "Present and Record Feature of Canva" which is covered under Patent No.360726 granted to the plaintiffs, in India.
7. The plaintiffs have applied for and been granted patent with respect to the suit patent in several others countries for the technology and the status of the same are described as follows:
S.No. Country Application Patent Status No. No.
a) USA 16/721384 11140464 Granted
b) USA 16/865592 11113462 Granted
c) USA 17/343073 NA Pending
d) USA 17/405822 NA Pending
e) Singapore 11202106395T NA Pending
f) Europe 19897721.7 NA Pending
g) Canada 3122344 NA Pending
h) Australia 2019401994 NA Pending
8. Issue summons in the suit and notice in the applications to the defendants by all permissible modes returnable on the next date of hearing.
9. The summons shall indicate that the written statement(s) to the suit and reply(ies) to the application(s) be filed by the defendant(s) within thirty days from the date of receipt of the summons. The defendant(s) shall also file the affidavit of admission/denial of the document(s) filed by the plaintiff(s), failing which the written statement(s) shall not be CS(COMM) 573/2021 Page 2 of 3 taken on record.
10. The plaintiffs are at the liberty to file replication(s) to the written statement(s) and rejoinder(s) to the reply(ies) filed by the defendant(s) before the next date of hearing following the filing of the written statement(s)/reply(ies). The replication(s) shall be accompanied by the affidavit of admission/denial in respect of the documents filed by the defendant(s), failing which the replication(s) shall not be taken on record.
11. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the time lines.
12. List before the court on 9th December, 2021.
13. The order be uploaded on the website forthwith.
ASHA MENON, J.
NOVEMBER 15, 2021 'bs' CS(COMM) 573/2021 Page 3 of 3