On May 14, 2025, the 21st Civil Chamber of the Regional Court Munich I dismissed a patent infringement claim filed by DISH Technologies L.L.C. (“DISH”) et al. against AYLO PREMIUM LTD and related companies (“AYLO”). AYLO is a tech pioneer offering world-class adult content on some of the internet’s safest platforms, including Pornhub and Brazzers.
The Court concluded that the patent-in-suit, EP 3 822 805 (“EP 805”), relating to adaptive video streaming, was not infringed by AYLO, adopting AYLO’s interpretation of a key claim feature. EP 805 concerns a specific mechanism for shifting video quality during streaming. The Court concluded that the accused services of AYLO do not make use of the claimed mechanism. Furthermore, the Court dismissed not only an alleged literal patent infringement but also rejected multiple attempts by DISH to assert equivalent patent infringement.
Shortly thereafter, on May 28, 2025, the UPC Central Division Paris issued a decision in parallel patent revocation proceedings, which AYLO initiated. The Central Division revoked the German part of EP 805 on the ground of added matter by an inadmissible generalization. The Court followed AYLO’s argument and clarified a previously unresolved legal question, namely that the UPC can revoke European patents for one or more individual UPC Member States depending on the requested scope.
These are two important wins for AYLO in a multinational patent dispute spanning not only Germany and the UPC, but also the UK and the US.
Counsel for AYLO: BARDEHLE PAGENBERG
(Munich)
Prof.
Dr. Tilman Müller-Stoy (lead non-infringement;
Attorney-at-Law, UPC Representative, Certified IP Lawyer,
Commercial Mediator (MuCDR), Partner)
Dr. Georg
Anetsberger (lead invalidity; German and European Patent
Attorney, UPC Representative, Partner)
Dr. Tobias
Wuttke (Attorney-at-Law, UPC Representative, Certified IP
Lawyer, Partner)
Dr. Martin
Drews (Attorney-at-Law, UPC Representative, Counsel)
Maggie
Huang (German and European Patent Attorney, UPC Representative,
Senior Associate)
Saskia
Mertsching, LL.M. (Attorney-at-Law, UPC Representative,
Associate)
Mishcon de Reya (London)
Conor McLaughlin (European Patent Attorney, UPC Representative,
Managing Associate)
Counsel for DISH: Allen Overy Shearman Sterling
LLP (Munich)
Denise Benz (Attorney-at-Law, UPC Representative)
Dr. Jan Ebersohl (Attorney-at-Law, UPC Representative)
Celina Kuhn (Associate)
Panel of the 21st Civil Chamber of the Regional Court
Munich I
Dr. Werner (Presiding Judge)
Dr. Seiler-Bohn (Judge Rapporteur)
Dr. Benz (Judge)
Panel of the UPC Central Division Paris
Marjolein Visser (Presiding Judge)
Maximilian Haedicke (Judge Rapporteur)
Alessandro Sanchini (Technically Qualified Judge)