2025-06-06 - LD Mannheim - DISH et al. v. Aylo Premium - UPC_CFI_471/2023

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Mannheim LD dismissed the infringement action and partially revoked the patent on counterclaim in a comprehensive decision concerning EP 2 479 680 (rate-adaptive video streaming). On validity, the court found the granted claim novel and inventive over WO'343 and US'137 but invalidated it for added matter because the broad formulation 'set of one or more factors' was not disclosed in the parent application; only a specific performance factor with threshold comparison was originally disclosed. The patent survived under Auxiliary Request 12, which reintroduced these limitations. On infringement, the court found no literal infringement because the accused streaming services did not pre-encode videos as multiple files on origin servers (CDN temporary caching does not suffice), and copies were encoded with variable rather than constant bitrate. On equivalence, the court undertook an extensive analysis of applicable law, concluding that regardless of whether national member state or autonomous UPC equivalence doctrine applies, all tests require technical-functional equivalence — which was lacking because 'quality' (resolution) does not enable the same direct file-selection function as 'bitrate.'

Quelle und Fundstellen

Quelle: UPC Case File

Aktenzeichen: UPC_CFI_471/2023