ARTICLE
13 May 2025

The X Corp (Formerly Twitter) Patent Infringement Drama

E
ENS

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ENS is an independent law firm with over 200 years of experience. The firm has over 600 practitioners in 14 offices on the continent, in Ghana, Mauritius, Namibia, Rwanda, South Africa, Tanzania and Uganda.
In a legal saga that has spanned nearly a decade, X Corp. (formerly Twitter) finds itself in a courtroom battle over video technology patents with VidStream LLC.
South Africa Intellectual Property

In a legal saga that has spanned nearly a decade, X Corp. (formerly Twitter) finds itself in a courtroom battle over video technology patents with VidStream LLC. This case has captivated the tech world, especially with Elon Musk's involvement in X's latest legal proceedings.

Some background

VidStream LLC, a Dallas-based tech firm, sued X Corp. in 2016, alleging that the company had used its patented video technology for its social media platforms, including Twitter, Vine, and Periscope, without permission. The technology involved systems that allow users to create and share videos across various platforms, something that has now become a core feature in many online services.

What's at stake?

When a company innovates and develops its own technology, it can secure patents to protect its creations. Patents act as a shield, ensuring that no one can use, copy, or sell the technology without permission. However, if a company uses someone else's patented technology without obtaining a license, it can be accused of patent infringement.

The Dispute

VidStream claims that X wilfully infringed on its patents, namely US Patent Nos. 8,464,304 and 8,601,506. These patents cover systems that allow user-generated videos to be distributed across various platforms. VidStream is seeking a substantial USD632 million in damages, but the jury has already ruled that X must pay USD105 million for infringing the '304 patent.

X, on the other hand, argues that its technology was developed independently and claims it never used VidStream's patents. They also dispute the validity of the patents, arguing that similar technology existed before the patents were filed.

Legal Ramifications

What makes this case particularly interesting is the concept of wilful infringement. If a company knowingly uses another party's patented technology without permission, it can face increased damages. In this case, the jury found that X wilfully infringed VidStream's patent, which could lead to further legal consequences.

What's Next

This case highlights the risks companies face when dealing with patent rights, especially when acquiring technologies or entering into negotiations that may lead to patent disputes. With VidStream now in possession of the patents, having acquired them from the bankrupt Youtoo Technologies, the question remains: did X wilfully infringe or was this a case of inadvertent overlap?

This case is not only significant for patent holders and tech companies but also for startups that might face similar claims in the future. It underscores the importance of proper due diligence and licensing before using technology that could be protected by patents.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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