HyperQuery LLC v. Canva US, Inc.

HyperQuery LLC, identified as a patent assertion entity (PAE) or IP holding company, has filed a patent infringement lawsuit against Canva US, Inc.. Canva US, Inc. is the U.S. operating subsidiary of Canva Pty Ltd., a global and highly valued online design and publishing platform, known for its intuitive tools, collaborative features, and AI-powered design suggestions, serving over 220 million monthly active users worldwide. While the specific accused products or services are not explicitly detailed in the provided docket information for this particular case, given Canva's offerings, the allegations likely pertain to its core online graphic design and creation functionalities, including its AI-powered features, template libraries, and collaborative tools.

The sole patent at issue in this litigation is U.S. Patent No. 9,529,918, titled "System and methods thereof for downloading applications via a communication network." This patent generally describes a method and system for efficiently downloading applications by receiving a user's search query, determining their specific search intent, selecting relevant applications, displaying corresponding icons, and initiating a direct download link upon user input. The case is being heard in the U.S. District Court for the Western District of Texas, case number 7:25-cv-00438, filed on September 24, 2025, and is currently open. District Judge David Counts is presiding over the case, which has been referred to Magistrate Judge Derek T. Gilliland. The Western District of Texas remains a prominent venue for patent litigation, particularly the Waco division, which historically attracted a significant number of patent cases, often from non-practicing entities. Although recent changes in case assignment rules aimed to distribute patent cases more broadly, Judge Counts has notably become a significant recipient of such filings.

This litigation is notable due to the plaintiff being an alleged PAE asserting a patent against a major operating company like Canva, a dominant player in the design software industry with a valuation of approximately $26 billion. This case follows an earlier, identical patent infringement suit filed by HyperQuery LLC against Canva US, Inc. (2:25-cv-00038) in the Eastern District of Texas, which was terminated within a day of filing in January 2025 due to a "case-opening error by Attorney," indicating HyperQuery's persistent litigation strategy against Canva. No Inter Partes Reviews (IPRs) related to the '918 patent in connection with this specific case were found in the available information.

Key Legal Developments and Outcome for HyperQuery LLC v. Canva US, Inc.

This patent infringement lawsuit, HyperQuery LLC v. Canva US, Inc., Case No. 7:25-cv-00438, was filed in the U.S. District Court for the Western District of Texas on September 24, 2025. The case remains open as of January 27, 2026, which is the date of the last known docket update for this specific case. The asserted patent is U.S. Patent 9,529,918, titled "System and methods thereof for downloading applications via a communication network."

1. Filing & Initial Pleadings:

• Complaint: HyperQuery LLC filed its complaint for patent infringement against Canva US, Inc. on September 24, 2025, in the Western District of Texas.
• Specific details regarding Canva's answer or any counterclaims within this specific case's docket are not readily available in the provided search results. While a related case, HyperQuery LLC v. Chaos Software GmbH (2:25-cv-00407), involving the same patent, shows an answer with counterclaims and an amended complaint, these entries are tied to the Chaos Software case and not directly to the Canva litigation.

2. Pre-trial motions of substance:

• As of the last docket update on January 27, 2026, for the Canva case, no specific pre-trial motions to dismiss, transfer, or stay pending IPR were found in the provided search results for this particular case. Docket entries for motions to dismiss and docket control orders were identified, but these were explicitly linked to the Chaos Software case (2:25-cv-00407).

3. Claim construction (Markman) outcomes:

• There is no information available in the provided search results regarding claim construction (Markman) proceedings or outcomes for HyperQuery LLC v. Canva US, Inc.

4. Discovery milestones with strategic significance:

• No specific discovery milestones with strategic significance for the Canva case were found in the provided search results. Joint motions for entry of discovery orders were mentioned, but they were associated with a related case (HyperQuery LLC v. Overwolf, Ltd., No. 25-44-JRG-RSP), suggesting activity within HyperQuery's broader litigation efforts, but not directly attributable to the Canva case based on the information provided.

5. Trial events, verdict, and post-trial motions:

• The case is still open, and there is no information about trial events, verdicts, or post-trial motions.

6. Settlement, dismissal, judgment, or appeal:

• The case remains open as of January 27, 2026. No settlement, dismissal, or judgment has been reported.

7. Parallel PTAB IPR/PGR proceedings:

• An ex parte reexamination proceeding was filed against U.S. Patent 9,529,918 on November 5, 2024, by Unified Patents. This reexamination challenges the validity of the patent, which is owned and asserted by HyperQuery LLC. The patent relates to systems and methods for searching for applications based on user intent. The status or outcome of this reexamination proceeding is not yet available in the provided information. No parallel IPR or PGR proceedings specifically initiated by Canva US, Inc. were found.

Despite extensive web searches for case number 7:25-cv-00438 in the U.S. District Court for the Western District of Texas, specific counsel of record for HyperQuery LLC in HyperQuery LLC v. Canva US, Inc. could not be definitively identified from publicly accessible docket information as of June 1, 2026. PACER records, which would provide this information, are not fully indexed by general web searches.

However, a separate, but related, case, HyperQuery LLC v. Canva US, Inc. (Case No. 7:25-cv-00055) in the Western District of Texas, which was filed in February 2025 and terminated in September 2025, shows the following counsel for HyperQuery LLC:

• Isaac Rabicoff
  • Role: Lead Counsel
  • Firm: Rabicoff Law, LLC, (likely Chicago, IL, as the firm's website lists Chicago as its location).
  • Experience Note: Isaac Rabicoff is an intellectual property and commercial litigator who founded Rabicoff Law, which was among Lex Machina's top 3 law firms for most active patent litigation in 2017. He has led licensing campaigns against major technology companies like Amazon, Microsoft, Sony, Apple, LG, Huawei, Samsung, and Google. He is a registered patent attorney with experience in Federal Circuit appeals and PTAB trial proceedings. He has also been involved in numerous patent infringement lawsuits across various districts, including the Western District of Texas.

I am unable to identify the counsel of record representing Canva US, Inc. in HyperQuery LLC v. Canva US, Inc., Case No. 7:25-cv-00438 (W.D. Texas) using public web searches. Direct access to the PACER docket for this specific case is required to reliably determine attorney appearances.

Without PACER access, a comprehensive search of public resources like firm websites, legal news outlets, or general court filings for this precise case and defendant did not yield the names of appearing counsel. It is possible that filings related to counsel appearances are not yet publicly indexed or accessible through general web searches, or that filings are sealed.