EPO Revokes DivX Streaming Patent Weeks After UPC Munich Ruled Against Netflix

By Haedar

Photo: yousafbhutta / Pixabay

The European Patent Office (EPO) has revoked DivX's European patent EP 4 213 033, about a month after the Unified Patent Court (UPC) Munich Local Division upheld the same patent and granted DivX an injunction against Netflix. The opposition division announced its decision at the end of oral proceedings on 12 and 13 October 2026, revoking the patent under Article 101(2) and Article 101(3)(b) EPC. Netflix International B.V. had filed the opposition on 9 February 2026.

The patent and the UPC ruling

The patent, granted on 7 May 2025, covers techniques for streaming media, including progressive playback, byte range requests and trick play functions such as fast forward. In a decision of 15 September 2026 (UPC_CFI_465/2025; UPC_CFI_1121/2025), the Munich Local Division found Netflix liable for indirect infringement. The injunction it granted reaches 18 UPC member states and is backed by a penalty of up to €5,000 per day, and a penalty of up to €250 per day for breaches of information duties. DivX was not required to provide security. Netflix has appealed to the UPC Court of Appeal (UPC_COA_177/2026).

What happens now

The written reasons from the EPO have not yet been issued. DivX can appeal to the EPO Boards of Appeal, and such an appeal has suspensive effect, so the patent is treated as valid at the EPO until the appeal is decided. This leaves an awkward gap. The UPC injunction remains in force while the Court of Appeal reviews it, but Netflix can now point to a first instance revocation by the EPO. The Court of Appeal may be asked to stay its proceedings or to weigh the EPO's reasoning once it is available.

DivX has had mixed results in Europe. JUVE Patent reports that another of its European patents, EP 3 467 666, was earlier revoked at the EPO, and that the German Federal Court of Justice ruled against DivX on EP 2 661 696.

Sources

• JUVE Patent, "EPO revokes DivX streaming patent after UPC Munich upholds it in parallel case against Netflix"
• Jiaquan IP (J&C), news note on EP 4 213 033
• Unified Patent Court, Munich Local Division decision of 15 September 2026 (PDF)
• Patent Lawyer Magazine, "EPO revokes DivX streaming patent after UPC injunction against Netflix"