UPC CFI 297/2025

At the UPC: InterDigital Group (34 cases)·Disney Group (26 cases)

• 2026-09-02
  InfringementPublic

  Summary: Düsseldorf Local Division order (Panel 1, 2 Sep 2026, R. 262A RoP) issued alongside the merits decision of the same day in InterDigital CE Patent Holdings SAS v The Walt Disney Company and ten affiliates (EP 2 080 349, UPC_CFI_297/2025 with UPC_CFI_651/2025): the information to be provided under items III.2 and III.3 of that decision's operative part is classified confidential, access is restricted to the claimant's outside counsel and two named representatives, use is limited to the stated purpose, and a penalty payment may be imposed for culpable breach.

  Show the legal issues (3)

  • R. 262A RoP protection of confidential information in the information to be provided under the merits decision
  • confidentiality club limited to outside counsel plus two named representatives
  • penalty payment for culpable breach
• 2026-09-02
  InfringementPublic

  Summary: Düsseldorf Local Division decision (Panel 1, 2 Sep 2026) on InterDigital CE Patent Holdings SAS's infringement action UPC_CFI_297/2025 and Disney's counterclaim for revocation UPC_CFI_651/2025 concerning EP 2 080 349 (sharing multimedia content in a peer-to-peer configuration; in force in Germany and the Netherlands): the patent is revoked to the extent of claims 1, 4 and 8, claim 1 only beyond the limited wording of auxiliary request K5, and the counterclaim is otherwise dismissed; on that amended claim 1 the eleven Disney defendants indirectly infringe by supplying the Disney+ streaming service and are ordered to refrain from supplying it in Germany and the Netherlands, to provide information and accounts, and are held jointly and severally liable for damages since 14 Dec 2011 (successively to Sony Ericsson, Sony Group and the claimant); a declaration of infringement is granted, the interim damages award is refused, no enforcement security is imposed; costs 90/10 (infringement) and 70/30 (counterclaim) against the defendants; value EUR 3m each, cost ceiling EUR 600,000.

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  • indirect (contributory) infringement by supplying a streaming service as means relating to an essential element (Art. 26 UPCA)
  • partial revocation and maintenance of claim 1 in the wording of auxiliary request K5 (novelty, inventive step)
  • liability for damages of successive proprietors' losses since 2011 (Art. 68 UPCA)
  • no enforcement security under R. 118.8 RoP where the claimant is clearly solvent (contrast UPC_CFI_87/2025)
  • interim award of damages refused
• 2025-09-17
  Public

  Summary: Procedural order from the Düsseldorf Local Division (UPC_CFI_297/2025 and UPC_CFI_651/2025) in InterDigital's infringement action against multiple Disney entities concerning EP 2 080 349. The order addressed a procedural matter in the ongoing infringement proceedings.

  Show the legal issues (1)

  • Procedural management of multi-defendant proceedings