UPC Düsseldorf grants InterDigital second injunction against Disney+ in European video coding spat
The Unified Patent Court in Düsseldorf has issued an injunction preventing Disney from using specific HEVC bitstreams in eleven European countries due to patent infringement against InterDigital's video coding technologies. The court also established significant procedural guidance regarding the role of non-disclosure agreements in FRAND licensing negotiations.
Key Takeaways
- Injunction covers 11 countries including Germany, France, Italy, and the Netherlands for HEVC-encoded content.
- Court ordered the recall and permanent removal of infringing signals with accounting obligations dating back to December 2017.
- Judges formulated a specific headnote penalizing parties who refuse to amend NDAs for court-ordered production of licensing documents.
- InterDigital must provide an €8 million security to enforce the injunction, following a similar June victory in Mannheim.
Why It Matters
This ruling significantly escalates technical and legal pressure on Disney's European operations, potentially forcing a choice between immediate service disruption in major markets or a swift licensing settlement. By aligning with the Mannheim division's earlier finding that Disney acted as an 'unwilling licensee,' the UPC is signaling a low tolerance for implementers who leverage NDAs to shield negotiation conduct from judicial review. For the broader industry, this clarifies that refusal to modernize confidentiality agreements during FRAND disputes will now carry direct litigation penalties. We should watch for Disney's appeal and the upcoming September ruling in Düsseldorf regarding EP 2 080 349 for potential cumulative impact.
Additional Context
The battle between InterDigital and Disney is currently unfolding across multiple global jurisdictions. In February 2025, InterDigital filed a series of lawsuits in the U.S. Federal District Court for the Central District of California, as well as in Brazil and various German national courts. In late 2025 and early 2026, the Munich Regional Court issued several preliminary injunctions against Disney regarding patents for dynamic video overlays and HDR technology, though some of these remain paused pending invalidity reviews, per JUVE Patent reporting in July 2026. A central pillar of Disney's defense has shifted toward U.S. antitrust law. In August 2025, Disney filed a federal antitrust suit in Delaware, alleging that InterDigital's licensing practices constitute an anticompetitive scheme to extract supra-RAND royalties. In October 2025, the U.S. Department of Justice (DOJ) filed a Statement of Interest in that case, urging caution. According to IPWatchdog, the DOJ emphasized that charging high royalty rates does not necessarily equal exclusionary conduct, noting that contract remedies (rather than antitrust interventions) are generally sufficient to resolve disputes over RAND commitment breaches. While Disney continues to challenge InterDigital's market power, the UPC's stance on HEVC encoding is increasingly firm. The court has repeatedly rejected 'de facto' standard arguments for encoding processes that implementers can technically work around. This trend mirrors other major wireless and video disputes at the UPC, such as Panasonic's successful enforcement against Oppo in late 2024. Per DLA Piper in July 2026, these cases demonstrate the UPC's strict interpretation of the Huawei v. ZTE framework, which requires implementers to demonstrate licensing willingness continuously throughout the negotiation cycle or risk immediate injunctions.
Read full article at juve-patent.com
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