DOJ Statement in Disney's Case Against InterDigital Urges Caution in Applying Antitrust Law to SEPs
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DOJ Statement in Disney's Case Against InterDigital Urges Caution in Applying Antitrust Law to SEPs
"The United States Department of Justice (DOJ) filed a Statement of Interest on Monday in Disney Enterprises, Inc. v. InterDigital, Inc., et al., an antitrust case filed by Disney in August 2025 that alleged "abusive licensing practices," monopolization of the video compression and streaming markets and Sherman Act violations by InterDigital. The DOJ's statement opined that patents, including standard essential patents (SEPs), do not necessarily confer market power to the patentee."
"In February 2025, InterDigital filed a patent infringement complaint against Disney and its related entities in the United States District Court for the Central District of California, alleging infringement of five patents related to video streaming technologies. InterDigital claimed that Disney's video streaming services, including Disney+, Hulu, and ESPN+, infringed patents covering advanced video codec technologies for efficient transmission of video compression and streaming."
The Department of Justice filed a Statement of Interest in Disney Enterprises v. InterDigital asserting that charging high prices does not alone constitute exclusionary conduct and that patents, including standard essential patents (SEPs), do not necessarily confer market power. Disney alleged that InterDigital engaged in abusive SEP licensing, monopolization of video compression and streaming markets, and Sherman Act violations. InterDigital separately sued Disney for alleged infringement of five video-streaming patents and said licensing negotiations beginning July 2022 failed to produce an agreement. The DOJ declined to endorse the pending procedural motion and emphasized antitrust and patent law goals of promoting innovation and consumer welfare.
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