Patent Law 28. September 2026 · 6 min read

Disney UPC Third Cease-and-Desist Order

The Unified Patent Court (UPC) in Düsseldorf has granted InterDigital a third injunction against Disney+. The injunction covers Disney+’s Cast functionality and is effective in Germany and the Netherlands. It represents another milestone in the ongoing patent dispute between the US technology patent holder and the streaming service – with tangible consequences for users in Germany.

The Facts: Third Injunction Against Disney+

In the proceeding under case number UPC_CFI_297/2025, the Düsseldorf Local Division of the UPC found that the European Patent EP 2 080 349 was infringed. The patent, titled “Sharing Multimedia Content in a Peer-to-Peer Configuration”, describes a technology for synchronizing media content between different devices – precisely the functionality used when casting Disney+ content from a smartphone to a television.

The injunction covers web streaming via the Google Chrome browser as well as Disney+ apps for Windows, macOS, Android, and iOS. It is effective in Germany and the Netherlands, as EP 2 080 349 is only enforceable in these two member states.

→ The UPC considers Disney+’s Cast functionality to infringe a patented technology held by InterDigital.

Background: Patent EP 2 080 349

The patent in question was originally filed by Sony Ericsson Mobile Communications – the initial application dates back to 2007. InterDigital acquired the rights from the Sony Group in 2022. InterDigital, a US-based patent assertion entity, specializes in the commercialization of wireless, video, and AI technologies.

This case is part of a comprehensive patent portfolio that InterDigital is enforcing against Disney+ before the UPC. The current injunction is the third in a series:

First Injunction (HEVC Proceeding, UPC_CFI_86/2025): The Mannheim Local Division of the UPC found that Disney+ infringed the HEVC video encoding patent EP 2 465 265. The injunction extended to 11 EU member states (Austria, Belgium, Germany, Denmark, Finland, France, Italy, the Netherlands, Portugal, Romania, and Sweden). It was granted on the condition that InterDigital provide security in the amount of EUR 8 million.
Second Injunction (further HEVC proceedings): Another injunction concerning HEVC patents, also effective in eleven EU states.
Third Injunction (EP 2 080 349): The current injunction regarding the Cast function, applicable only to Germany and the Netherlands.

Disney’s Workaround: From HEVC to VP9

Following the losses in the HEVC disputes, Disney+ switched to the VP9 video codec in order to continue delivering 4K content. However, InterDigital does not see this as a solution, but rather as a new patent infringement. The company has already filed two additional proceedings before the UPC targeting the use of VP9 (e.g., case UPC_CFI_3044/2026).

InterDigital’s Chief Legal Officer Josh Schmidt stated on this: “Every use of VP9 continues to infringe our patented innovation.” VP9 uses technology developed in part by InterDigital engineers, the patent holder asserted.

→ Disney plays a “cat-and-mouse game” – but InterDigital responds with further lawsuits.

Tangible Consequences for Disney+ Users

The court decisions have already had concrete impacts for end users:

HDR still missing completely: The German Disney+ offering does not provide any High Dynamic Range content.
4K was temporarily unavailable: The resolution was also not accessible at one point.
Special termination right for Premium customers: Premium subscribers are losing one of the central benefits of their more expensive subscription tier, which is why Disney+ has granted them a special termination right.

→ The patent disputes are resulting in a noticeable degradation of the Disney+ offering in Germany.

The FRAND Defense and the Licensing Dispute

A central issue that played a prominent role in the previous HEVC proceedings (particularly UPC_CFI_86/2025, Mannheim Local Division, judgment of 16 June 2026) was the so-called FRAND defense (Fair, Reasonable, and Non-Discriminatory). Disney had argued that InterDigital, as a holder of a Standard Essential Patent (SEP), was obligated to offer a license on FRAND terms.

The court, however, concluded that Disney should be classified as an “unwilling licensee”. Reasons for this included:

A counter-offer was not made by Disney for one and a half years.
Disney’s response was insufficient when InterDigital attempted to disclose the full history of negotiations.
Disney has so far paid no licensing fees to InterDigital.

InterDigital also terminated the NDA with Disney on 23 January 2025. However, InterDigital’s license offers remain subject to a confidentiality agreement, which complicates their review in the proceedings.

Legal Assessment: The UPC as a Transnational Milestone

Why the UPC is Relevant for Companies

Advantages for Patent Holders

A single injunction can cover up to 25 EU member states.
High economic leverage through pan-European prohibition.
Accelerated proceedings compared to national lawsuits.

Risks for Companies

Patent infringement can be enjoined in multiple countries simultaneously.
Security deposits (e.g., EUR 8 million) may be required.
Workaround strategies (such as codec switching) are not adequate defense.

Practical Recommendations for Companies

Conduct Patent Risk Assessment

Companies should assess whether they could fall into the crosshairs of patent holders and proactively review their technical infrastructure for potential SEP conflicts.

Develop a Licensing Strategy

Proactive licensing agreements and a transparent negotiation history are essential to avoid being classified as an “unwilling licensee” – which, according to UPC case law, can lead to injunctions.

Optimize NDA Strategies

Confidentiality agreements should be structured to allow the disclosure of negotiation history in legal proceedings, in order to avoid being classified as an unwilling licensee.

Conclusion: The Dispute Is Not Over

Conclusion

The UPC is Establishing Itself as a Transnational Weapon in Patent Disputes

The series of injunctions against Disney+ demonstrates how the UPC is being used strategically by patent holders to pressure streaming providers. The Cast function – a core feature of modern streaming services – can thus become a patent infringement. The fact that InterDigital has already filed additional proceedings regarding VP9 use makes clear: the dispute is far from resolved.

Companies must expect multiple UPC proceedings – not just in one country, but pan-European.
Workaround strategies (such as codec switching) do not provide adequate protection against further patent claims.
Proactive license management and transparent negotiations are the best defense against UPC injunctions.

Practical Relevance

The third injunction against Disney+ underscores how the UPC is increasingly being used as a strategic instrument in the digital content provider space. Companies relying on patented video technologies should assess their risks early and act proactively. The consequences for Disney+ users in Germany show that patent disputes have direct impacts on the digital user experience.

Topics Generell Patent Law