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German Court Fines Netflix €7.05 Million for Continued Infringement of Broadcom HEVC Patent

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Broadcom Inc. (AVGO) announced that the District Court in Munich, Germany fined Netflix €7.05 million for infringing a Broadcom patent related to key features used in HEVC/H.265 video coding. The court's judgment stated that Netflix must cease and desist all further infringement in Germany. Netflix may appeal the fine, and Broadcom will seek additional penalties for continuing violation of the order.
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Legal Implications: The ruling by the District Court in Munich against Netflix for patent infringement involves significant legal considerations. The court's decision to fine Netflix and potentially imprison board members for non-compliance with a cease-and-desist order is a strong enforcement action. It underscores the gravity of intellectual property laws in the European Union, particularly regarding patent rights. The potential for additional penalties suggests a protracted legal battle that could impact Netflix's operations in Germany and possibly influence their strategic decisions regarding technology usage and licensing agreements.

Financial Impact: The €7.05 million fine imposed on Netflix by the German court is a material financial event that could affect the company's earnings. While not a devastating amount for a company of Netflix's size, the fine, coupled with potential additional penalties and legal costs, could have a noticeable impact on their financial statements. Investors should also consider the broader implications of a potential need to alter streaming technology or enter into licensing agreements, which could incur further costs and affect profit margins. The ongoing legal dispute may also introduce volatility to Netflix's stock as the market reacts to developments.

Market and Competitive Impact: The enforcement of the patent infringement ruling against Netflix highlights the importance of intellectual property in the tech and entertainment industries. It may prompt other companies to review their own use of HEVC/H.265 video coding technology to avoid similar litigation. This ruling could serve as a precedent, potentially leading to increased patent licensing costs for streaming services that rely on this technology. Such costs could either be absorbed by the companies or passed on to consumers, potentially affecting market competitiveness and consumer pricing strategies within the streaming industry.

PALO ALTO, Calif., Dec. 22, 2023 (GLOBE NEWSWIRE) -- Broadcom Inc. (NASDAQ: AVGO) announced today that the District Court in Munich, Germany fined Netflix €7.05 million for its infringement of a Broadcom patent. This fine was for Netflix’s continued infringement of the patent in deliberate violation of the court’s September 14, 2023 judgment that Netflix infringes the patent and must cease and desist all further infringement in Germany. The European patent at issue, EP 2 575 366, covers key features often used in HEVC/H.265 video coding, which Netflix uses to encode and stream Ultra HD content to subscribers.

The court set the fine at €150,000, or in the alternative 15 days of imprisonment for members of Netflix’s board of directors, for each of the 47 days that Netflix had infringed in violation of the cease-and-desist order.   Netflix may appeal the fine, and Broadcom will seek additional penalties for Netflix’s continuing violation of that order.

Under section 890 of the German Civil Procedure Code, penalties for violating the cease-and-desist order include the following for each act of infringement: (1) government fines of up to €250,000; and/or (2) up to six months’ imprisonment for members of the infringer’s board of directors for a total of up to two years’ imprisonment.

“This ruling once again acknowledges the importance of Broadcom’s patented technology to successful streaming platforms like Netflix,” said Mark Terrano, vice president and general manager of Broadcom’s Intellectual Property and Licensing Division.   “Since 2018, Netflix and Broadcom have been engaged in a wide-ranging patent dispute in which Broadcom has accused Netflix of infringing numerous U.S., German, and Dutch patents through its provision of its video streaming service.”

About Broadcom
Broadcom Inc. (NASDAQ: AVGO) is a global technology leader that designs, develops, and supplies a broad range of semiconductor, enterprise software and security solutions. Broadcom's category-leading product portfolio serves critical markets including cloud, data center, networking, broadband, wireless, storage, industrial, and enterprise software. Our solutions include service provider and enterprise networking and storage, mobile device and broadband connectivity, mainframe, cybersecurity, and private and hybrid cloud infrastructure. Broadcom is a Delaware corporation headquartered in Palo Alto, CA. For more information, go to www.broadcom.com.

Broadcom, the pulse logo, and Connecting everything are among the trademarks of Broadcom. The term “Broadcom” refers to Broadcom Inc., and/or its subsidiaries. Other trademarks are the property of their respective owners.

Press Contact:
Khanh Lam
Corporate Communications
press.relations@broadcom.com
Telephone: +1 408 433 8649


FAQ

What is the recent announcement made by Broadcom Inc. (AVGO)?

Broadcom Inc. (AVGO) announced that the District Court in Munich, Germany fined Netflix €7.05 million for infringing a Broadcom patent related to key features used in HEVC/H.265 video coding.

What is the European patent at issue in the case?

The European patent at issue is EP 2 575 366, which covers key features often used in HEVC/H.265 video coding, which Netflix uses to encode and stream Ultra HD content to subscribers.

Can Netflix appeal the fine?

Yes, Netflix may appeal the fine, and Broadcom will seek additional penalties for continuing violation of the order.

Who is the vice president and general manager of Broadcom's Intellectual Property and Licensing Division?

Mark Terrano is the vice president and general manager of Broadcom's Intellectual Property and Licensing Division.

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