DISH Technologies v AYLO PREMIUM (CFI, 16 April 2025)
| Date | 16 April 2025 |
|---|---|
| Court | CFI |
| Division | Mannheim (DE) Local Division |
| Type of action | Generic application |
| Registry reference | App_15082/2025 · ORD_18696/2025 |
| Parties | BRIDGEMAZE GROUP LLC, AYLO PREMIUM LTD, BROCKWELL GROUP LLC, AYLO FREESITES LTD, AYLO Billing Limited , AYLO BILLING US CORP. |
Official decision (PDF) · UPC registry entry
Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.
Dhenne Avocats · 10 October 2026
Our analysis
Summary
By procedural order of 16 April 2025 (UPC_CFI_471/2023, ORD_18696/2025), Judge-rapporteur Böttcher of the Mannheim Local Division rejected the application of the defendants AYLO PREMIUM, AYLO Billing, AYLO FREESITES, AYLO BILLING US CORP., BROCKWELL GROUP and BRIDGEMAZE GROUP, sued by DISH Technologies and Sling TV for infringement of EP 2 479 680, for leave to file a further submission on statements made by DISH Technologies on 28 February 2025 before the US PTAB concerning US 8,868,772. The order declines to treat positions taken on another patent as material for claim construction.
Question
May a party, in the course of the proceedings, introduce under Rule 9.1 statements made by its opponent before a foreign tribunal on a related patent?
Decision
Admitting further written submissions is discretionary: the court weighs the parties’ interests against the orderly conduct of proceedings, in particular the reasons why the material was not put forward earlier, which the applicant must set out. A party’s differing view on a claim of another patent, even an allegedly similar one, is irrelevant to the construction of the patent in suit and is not admissible material for that purpose. As for technical facts drawn from the US proceedings, the defendants did not explain why they could not have relied on them earlier, since those facts were not within the claimants’ exclusive knowledge. There was no need to hear the claimants before rejecting the application.
Key points for practice
- Practical point: an opponent’s statements in foreign proceedings on a related patent do not justify reopening the written procedure, technical facts must be raised in good time.
Provisions applied
- Rules of Procedure
- Rule 9.1
- Case law cited
- No UPC decision is cited.
Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.
Going further
Lexicon: Written procedure (UPC), Court fees and costs (UPC).
Source and translations
- Official source
- Unified Patent Court registry link recorded in the record
- Original language
- not recorded
- Translation available
- no translation recorded the firm’s French record is a summary, not a translation
- Date checked
- not recorded
Follow this case
Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.
Proceedings
Parties
- claimantAYLO PREMIUM LTD12 decisions in the corpusFollow this party
- claimantBRIDGEMAZE GROUP LLC4 decisions in the corpusFollow this party
- claimantBROCKWELL GROUP LLC4 decisions in the corpusFollow this party
- claimantAYLO BILLING US CORP3 decisions in the corpusFollow this party
- claimantAYLO FREESITES LTD9 decisions in the corpusFollow this party
- claimantAYLO Billing Limited7 decisions in the corpusFollow this party
Decisions in the same proceedings and documented appeals
What the record states
- Nature of the act
- Generic application
- Outcome (Dhenne Avocats summary)
- La demande d'écritures complémentaires est rejetée : les positions prises sur un autre brevet sont sans pertinence pour l'interprétation et les faits techniques pouvaient être invoqués plus tôt.
- Appeal
- No appeal documented in the corpus, this does not mean that no appeal was lodged.
- Instance
- First-instance decision, whether it has become final is not recorded.
Patents mentioned
EP 2 479 680mentioned in: Dhenne Avocats analysis Follow this patent
Patents and standards
| Publication | Role in the dispute | Family | Standard and declaration | Pool | Sources |
|---|---|---|---|---|---|
EP 2 479 680Method for presenting rate-adaptive streams recorded proprietor: Dish Technologies LLC | Mentioned in the analysis (role not qualified) Also mentioned in 12 other decision(s): DISH Technologies v AYLO PREMIUM (CFI, 6 June 2025) · DISH Technologies v AYLO PREMIUM (CFI, 23 April 2025) · DISH Technologies v Cloudflare (CFI, 27 March 2025) · DISH Technologies v AYLO PREMIUM (CoA, 9 January 2025) · DISH Technologies v AYLO PREMIUM (CFI, 20 October 2024) · DISH Technologies v Aylo Premium (CFI, ORD_47055/2024, 20 October 2024 · DISH Technologies v Aylo Premium (CFI, ORD_47058/2024, 20 October 2024 · AYLO Premium v DISH Technologies (CoA, 3 September 2024) | not recorded | not recorded | not recorded | Espacenet · European Patent Register existence and title of the publication checked on 30 October 2026 (Google Patents, Espacenet and Register links are not checked automatically) mentioned in: Dhenne Avocats analysis |
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