ENGLEWOOD, Colo./MONTREAL/LUXEMBOURG—Pornhub parent company Aylo and its European subsidiaries are caught up in a patent dispute that is currently before the Unified Patent Court (UPC) of the European Union (EU).
The affiliated companies, all based in Cyprus and Ireland, currently stand accused of infringing on a groundbreaking patent filed and granted to the parent company of the popular U.S.-based satellite and internet television providers Dish Network and Sling TV, headquartered in Englewood, Colo.
Law360.com reports an appeals panel for the UPC found cause to require Aylo to face an alleged infringement on patent EP 2479680. This patent was first issued to Dish Technologies in 2005 for a technology called the "method for presenting rate adaptive streams."
Adaptive streaming adjusts video or quality in real-time based on a user's speed and device performance on streaming. This tech ensures smooth playback with little buffering, providing a good experience on both high and low-tech connections.
Aylo must face patent infringements after the Court of Appeal of the UPC upheld a ruling by a lower court that Dish's accusations against the porn giant have standing. Aylo's infringement is active in several member states of the UPC due to how the company's various platforms permit the adaptive streaming of adult content by users, says Dish.
"The UPC has international jurisdiction in respect of an infringement action where the European patent relied on by the claimant has effect in at least one contracting member state and the alleged damage may occur in the particular contracting member state," the UPC appeals court ruled in a September 3 filing.
The court added, "The other arguments put forward by Aylo—that the action is abusive and manifestly unfounded—are not grounds for a preliminary objection."
In simpler terms, the Unified Patent Court told the parties in the dispute that it has jurisdiction over the patent because Dish is claiming protection for its streaming tech. However, Aylo told the UPC that Dish must prove that Aylo's platforms infringe on the patent in the member countries of the court.
The Court of Appeal disagreed. Aylo's argument was rejected granting Dish the basis to claim Aylo was "indirectly" infringing on the patent. Note that Dish and Aylo have been mired in a legal battle over cross-border streaming technology rights related to the protection and enforcement of the patent.
Users on Pornhub can adjust the streaming quality of video players. This feature is similar to other video streaming platforms and online television services, including the Google-owned tube platform YouTube.
Aylo declined to comment citing ongoing litigation.
