Sling TV L.L.C., DISH Technologies L.L.C. v. Respondent

UPC-001197

The plaintiffs, DISH Technologies L.L.C. and Sling TV L.L.C., sought an order under Rule 191 of the Rules of Procedure requiring defendants AYLO Premium Ltd, AYLO Freesites Ltd, Brockwell Group LLC, and Bridgemaze Group LLC to disclose information about which Content Delivery Networks (CDNs) they use or have used since August 28, 2019 for delivering video files through their streaming services, the locations of CDN servers, and how the video files are encoded and split. The underlying main proceedings concern alleged indirect patent infringement of European Patent EP 2 479 680 in multiple European territories, with defendants having filed counterclaims for invalidity. The order was issued by the reporting judge Böttger of the Local Chamber Mannheim.

Jurisdiction
European UPC
Court / Office
Mannheim (DE) Local Division
Case Number
UPC-001197
Judge(s)
Diese Anordnung wurde durch den Berichterstatter

Detailed Summary

The proceedings concern an application (App_46521/2024) within the main case (CFI/471/2023) before the Local Chamber Mannheim. The plaintiffs are DISH Technologies L.L.C. and Sling TV L.L.C., both based in Englewood, Colorado, USA. The defendants include AYLO Premium Ltd and AYLO Freesites Ltd, both based in Nicosia, Cyprus; Brockwell Group LLC based in Tampa, Florida, USA; and Bridgemaze Group LLC based in Miami, Florida, USA. Additional parties involved as defendants are AYLO Billing Limited (Dublin, Ireland) and AYLO Billing US Corp. (Woodland Hills, California, USA). The patent at issue is European Patent No. EP 2 479 680.

The plaintiffs filed an application under Rule 191 of the Rules of Procedure seeking an order for information disclosure directed at defendants 1, 3, 5, and 6. The requested information concerns which Content Delivery Networks (CDNs) these defendants use or have used since August 28, 2019 (the date of publication of the grant of the patent-in-suit) for delivering video files through certain streaming services, the locations of the CDN servers during that period, and whether the video files on those CDN servers are split into multiple files and how those files are encoded. In the underlying main proceedings, the plaintiffs assert indirect patent infringement of EP 2 479 680 in the territories of Denmark, Germany, Finland, France, Italy, the Netherlands, Austria, Portugal, and Sweden. The defendants have filed counterclaims for invalidity. According to the plaintiffs' submissions, defendants 1, 3, 5, and 6 (with defendant 6 only together with defendants 1 or 5) operate streaming services identified in the statement of claim as attacked embodiments, including www.brazzers.com operated by defendant 1 and www.pornhub.com operated by defendant 3. Defendants 2 and 4 provide payment processing services for these streaming platforms. The plaintiffs exemplified the alleged patent infringement by accessing these streaming services via the Microsoft Edge browser with the dynamic playback quality setting 'auto' and using the Charles Web Debugging Proxy analysis tool together with publicly accessible source code from Microsoft Edge DevTools.

& Analysis:

The order was issued by the reporting judge Böttger of the Local Chamber Mannheim. The procedural language of the proceedings is German. The subject matter of the application is the request for an order of information disclosure pursuant to Rule 191 of the Rules of Procedure specifically concerning Content Delivery Networks.

Final Order & Ruling:

The text of the judgment is incomplete as provided, with the document appearing to be cut off before the full reasoning and operative part of the order could be set out. The available text establishes that the application was filed, identifies the parties, the patent-in-suit, the procedural framework, and the factual background regarding the alleged indirect patent infringement and the requested CDN-related disclosure.

Practitioner Note

This case demonstrates the evidentiary and procedural standards applied in patent matters before Mannheim (DE) Local Division. Understanding the court's reasoning in Sling TV L.L.C., DISH Technologies L.L.C. vs Respondent is valuable context for structuring arguments or assessing risk in similar proceedings.

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