Netflix still refuses DivX licence as battle moves to UPC

DivX continues its efforts to persuade Netflix to take a licence. Disney Plus and Roku TV have already accepted. However, recent decisions from the German Federal Court of Justice favour the streaming service, which considers DivX's patents invalid. Now the dispute moves to the UPC.

In September, the German Federal Court of Justice dismissed DivX’s appeal against the Federal Patent Court’s first-instance judgment invalidating the disputed EP 2 661 696. Sources say the reasoning is not yet available.

Previously, the EPO Boards of Appeal had dismissed DivX’s appeal against the Opposition Division’s decision to revoke EP 3 467 666.

In April 2023, the EPO Opposition Division revoked EP 666 for impermissible extension, contravening European Patent Convention Articles 123 (2) and (3). The patent protects streaming technology that allows computers to interpret and visually display data as video. It also covers features such as the ability to skip forward and backwards within a video, as well as adapting video quality to cope with changing bandwidth.

DivX has filed a petition for review by the Enlarged Board of Appeal (Art. 112a EPC), which remains pending (case ID: R16/25).

Initially, in April 2022, DivX succeeded in winning two injunctions against Netflix in infringement proceedings at Mannheim Regional Court.