Context: In May 2026, IBEX PT Holdings, an Access Advance licensor, sued The Walt Disney Company (Brazil) in a Rio de Janeiro state court over the alleged infringement of Brazilian patent BR112014 004914-9. IBEX alleged that Disney’s HEVC encoders for Disney+ use the patent’s advanced motion vector prediction (AMVP) claims without a license (May 22, 2026 ip fray article). A court-appointed expert later found that Disney’s encoders directly infringe six of the patent’s seven claims, independent claim 1 and dependent claims 2, 3, 4, and 5, and 7, but that the patent is not essential to the H.265/HEVC standard, since HEVC only formally standardizes decoding while the patent’s claims cover encoding, a finding that let IBEX sidestep having to prove a Fair, Reasonable, and Non-Discriminatory (FRAND) shortfall on Disney’s part (August 7, 2026 ip fray article). Notably, Disney itself had argued in its answer to the complaint that the patent is not a SEP, a position that undercut its own ability to demand a FRAND analysis later.
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Court and counsel
Court: Judge Victor Agustin Jaccoud Diz Torres, 6th Business Court of the Capital District of Rio de Janeiro.
Court-appointed expert: Dr. David Fernandes Cruz Moura.
Counsel for IBEX: Licks Attorneys’ Rodolfo Barreto, together with Bruno Falque, Amanda Terra, Élcio de Lacerda, and Catarina Baddini.
