Patent Trial Board Invalidated DivX Streaming Patent
The Patent Trial and Appeal Board ruled that a key adaptive bitrate streaming patent held by DivX LLC is unpatentable.
Updated on Sept. 22, 2026 in Television
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The Patent Trial and Appeal Board has invalidated US Patent No. 10,225,588, which covers technology for adaptive bitrate streaming. The board reached its decision after determining the patent was obvious based on existing industry filings.
Why it matters
This ruling marks a significant resolution in a long-standing legal battle over streaming technology infrastructure. The decision follows multiple remands from the US Court of Appeals for the Federal Circuit.
The Patent Trial and Appeal Board invalidated the streaming patent by combining two earlier patent applications with a DISH Network Corp. patent. The US Patent and Trademark Office had originally issued the patent in March 2019.
The players
DivX LLC
This company develops digital video technologies and held the now-invalidated patent.
Patent Trial and Appeal Board
This administrative body within the United States Patent and Trademark Office reviews the patentability of issued patents.
DISH Network Corp.
This major satellite television provider held one of the patents used as a reference to invalidate the DivX claims.
US Court of Appeals for the Federal Circuit
This specialized court hears appeals from the Patent Trial and Appeal Board regarding patent validity.
The details
The board found the technology, which enables smoother video delivery over variable internet speeds, to be unpatentable due to its obvious nature. This conclusion was reached after the Federal Circuit twice ordered the board to refine its claim construction and re-examine prior art.
Timeline
The USPTO issued US Patent No. 10,225,588 in March 2019.
The Patent Trial and Appeal Board invalidated the patent on September 21, 2026.
Industry Dynamics
This invalidation follows a pattern established by the 2018 Supreme Court ruling in SAS Institute Inc. v. Iancu regarding board procedures. The decision signals a continued legal environment where streaming patents face intense scrutiny over original inventiveness.
This ruling may reduce licensing costs for streaming platforms that utilize adaptive bitrate technology. Consumers are unlikely to see immediate changes, but the decision could affect how platforms prioritize future technical infrastructure investments.
The takeaway
The invalidation of this patent highlights the importance of original technical claims in the competitive streaming software market. Companies relying on existing patents must ensure their innovations go beyond combining known industry practices.
Further reading
For more on the evolving regulations governing how video content reaches viewers, visit the Television section.
Source note: This article includes information reported by Bloomberglaw.
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