UPC Grants Injunction to DivX, Restricting Netflix Streaming Software

WISECODE Take

On September 15, 2026, the Unified Patent Court (UPC) ruled that Netflix infringed DivX's European patent EP 4 213 033. Many assume that a favorable opinion from the European Patent Office (EPO) guarantees success in litigation. However, this case proves that UPC's judicial rulings can diverge from EPO's administrative reviews. The UPC rejected Netflix's invalidity counterclaim, disregarding EPO's positive preliminary opinion from July 3, 2026. Much like in sports, where the head referee may not accept pre-season standards, the UPC demonstrated strong judicial independence. If your business does not involve multinational software distribution, this case does not affect you. However, if you are expanding software to Europe, you must guard against indirect infringement risks triggered by end-users. We recommend two actions. First, do not rely solely on EPO opinions when assessing European patent risks; UPC precedents must be considered. Second, review software architectures to avoid indirect infringement liabilities. This ruling signals a dual-track era in European patent litigation, requiring more flexible defense strategies.