InterDigital VC Holdings, Inc. v. The Walt Disney Company et al., UPC CFI Düsseldorf Local Division, 23 July 2026, Case nos. UPC_CFI_87/2025, UPC_CFI_488/2025
FRAND, NDA, unwilling licensee
Disney’s FRAND defence failed for lack of establishing a dominant position. According to the Court, it would in any event have failed under Huawei v. ZTE if that framework applied because Disney refused to amend an NDA that prevented InterDigital from putting the negotiation history before the Court. Therefore, InterDigital’s steps were deemed to have been taken in accordance with Huawei v. ZTE, and Disney’s refusal (among other conduct) marked it out as an unwilling licensee.
The patent was deemed valid and infringed. On obviousness, the Court ruled:
“246. A claimed solution is obvious if the skilled person would have taken the next step in expectation of finding an envisaged solution of his or her technical problem. This is generally the case when the results of the next step were clearly predictable, or where there was a reasonable expectation of success.
247. The burden of proof that the results were clearly predictable or the skilled person would have reasonably expected success, i.e. that the solution he or she envisages by taking the next step would solve the objective problem, lies on the party asserting invalidity of the patent. A reasonable expectation of success implies the ability of the skilled person to predict rationally, on the basis of scientific appraisal of the known facts before a research project was started, the successful conclusion of that project within acceptable time limits.
248. Whether there is a reasonable expectation of success depends on the circumstances of the case. The more unexplored a technical field of research, the more difficult it was to make predictions about its successful conclusion and the lower the expectation of success. Envisaged practical or technical difficulties as well as the costs involved in testing whether the desired result will be obtained when taking a next step may also withhold the skilled person from taking that step. On the other hand, the stronger a pointer towards the claimed solution, the lower the threshold for a reasonable expectation of success.
249. When the patentee brings forward and sufficiently substantiates uncertainties and/or practical or technical difficulties, the burden of proof that these would not prevent a skilled person from having a reasonable expectation of success, falls on the party alleging obviousness.”
The Court granted injunctions and other relief. It also ordered a guarantee of EUR 8 million because of the uncertain financial position of InterDigital, while rejecting as unsubstantiated Disney’s claim that it would lose EUR 500 million within a year if the injunction were enforced.
A copy of the Decision can be read here.
