Video in Picture in Picture (PIP) Patent held by an Indian StartUp is prima facie infringed, and cannot be used during the pendency of the suit, says Delhi High Court
In a case involving a patent held by an Indian startup relating to a PIP method and system, the Delhi High Court held that the defendant’s online product is prima facie infringing, and granted an interim injunction against the defendant. The case was filed by Rxprism Health Systems against Canva, an Australian company. Canva argued in the case that its product has several differences, and that Rxprism’s patent is invalid, but could not convince the Court. While granting an interim injunction, the Court asked Canva to make a deposit of Rs. 50 Lakh Rupees, and pay costs of 5 Lakh Rupees.
Notably, the Court in the case came down heavily against arguments of the defendant relating to coercion and arm twisting based on prior attempts by the plaintiff to acquire a license. The Court also noted that the possibility of reduction of the license value based on market dynamics if the defendant is allowed to make its product available would weigh in favour of the plaintiff for grant of interim relief. It also stated that the public interest served by the patent system assumes high importance in such matters.
Citation: RxPrism Health Systems Private Limited & Anr. v. Canva Pty Ltd & Ors., CS(COMM) 573/2021 (H.C. Del. July 18, 2023). Available at: http://indiankanoon.org/doc/89123374/.
