Netflix still refuses DivX licence as battle moves to 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.

New representatives for the UPC

The dispute now moves to the UPC (case ID: ACT_24860/2025). In these new proceedings, DivX works with a Wildanger team comprising Peter-Michael Weisse, Jasper Meyer zu Riemsloh, Alex Lesch, and Thorben Strich. They are collaborating with patent attorneys Jochen Ehlers and Karin Rosahl from Eisenführ Speiser’s Hamburg office.

DivX had previously worked with both patent attorneys on the proceedings at the Federal Court of Justice and EPO. Simmons & Simmons lawyers Thomas Gniadek and Sebastian Steurer provided support.

Netflix relies on Quinn Emanuel Urquhart & Sullivan with Marcus Grosch, Katrin Gerstenberg, Tonio Allendorf, Jan Axtmann, Sandra Wandt, Paul Lehman, and Felix Hartisch. The team must now submit its defence to the UPC.