In September this year, the German Federal Court of Justice dismissed DivX's appeal against the first-instance ruling of the Federal Patent Court (which invalidated the disputed EP 2 661 696 patent). The dispute has now been transferred to the Unified Patent Court for adjudication (Case No.: ACT_24860/2025).
Previously, the Board of Appeal of the European Patent Office had dismissed DivX's appeal against the Opposition Division's decision to revoke the EP 3 467 666 patent.
In April 2023, the EPO Opposition Division revoked EP 666 patent on grounds of impermissible extension, finding it violated Article 123(2) and (3) of the European Patent Convention. The patent protected streaming technology enabling computers to interpret data and display it visually as video. It also encompassed features such as forward and backward skipping within videos and adjusting video quality based on bandwidth changes.
DivX has filed a request for review with the Enlarged Board of Appeal (pursuant to Article 112a EPC), which remains pending (Case No.: R16/25).
DivX first filed a patent infringement lawsuit against Netflix in Brazil in October 2020. The involved patent PI 0506163-6 covers video deblocking filters used in video streaming, primarily to enhance visual performance. Brazilian courts granted DivX a permanent patent injunction against Netflix. Additionally, Netflix was ordered to pay approximately $4 million in fines and other legal costs for contempt of court due to non-compliance with the preliminary injunction. This marks Brazil's first issuance of a permanent injunction in an information and communications technology (ICT) patent dispute.
During the infringement hearing, Netflix argued that DivX's patents were partially invalidated during the litigation period. However, the Brazilian court rejected Netflix's request to suspend the infringement proceedings based on this claim. Concurrently, Netflix filed eight interlocutory appeals throughout the case.
Furthermore, in April 2022, DivX successfully obtained two injunctions against Netflix in infringement proceedings at the Mannheim Regional Court.