The Unified Patent Court (UPC) issued several rulings in September 2026, including a finding that Netflix indirectly infringed a DivX media patent. The court also addressed standard-essential patent settlements involving Ericsson and clarified procedural rules regarding court fee payments and the impact of national court decisions on UPC proceedings.
This decision establishes the Unified Patent Court as a potent venue for patent holders to challenge dominant streaming providers across multiple European jurisdictions simultaneously. By rejecting Netflix's narrow claim interpretations and upholding a 'submarine patent' granted in 2025, the court has signaled a rigorous approach to protecting intellectual property in media playback methods. For the broader ecosystem, this underscores the necessity for streaming engineers to conduct deep due diligence on long-standing patent families that may only recently have achieved Unitary status. Strategists should monitor whether DivX seeks similar injunctions against other SVOD platforms using comparable playback architectures, as the UPC's stance on 'incentive' for inventive steps sets a high bar for defendants.
The Unified Patent Court Local Division Munich ruled that Netflix indirectly infringed a DivX media patent regarding progressive media playback. This decision is significant as it establishes the court as a powerful venue for patent holders to challenge major streaming providers across Europe, signaling a rigorous approach to intellectual property enforcement.
The court found that Netflix indirectly infringed a DivX media patent, specifically EP 4 213 033, related to progressive media playback.
Yes, the Munich Local Division upheld the validity of EP 4 213 033, rejecting Netflix's challenges regarding the patent's novelty and inventive step.
The ruling establishes the Unified Patent Court as a potent venue for patent holders to challenge streaming providers across multiple European jurisdictions simultaneously, setting a high bar for defendants.
The ruling highlights the risk of submarine patents, which are fourth-generation filings that may be granted nearly 20 years after the original priority date.
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