Dolby’s Brazilian enforcement actions could persuade Roku to become Access Advance licensee, with German court rulings on the horizon

Articles about video streaming patents are available free of charge, as are those closely related to patent pools.

Context: The patent dispute between certain Access Advance licensors and Roku has not reached a tipping point yet. The United States District Court for the District of Massachusetts dismissed Roku’s FRAND claims (July 28, 2025 ip fray article). Two European anti-antisuit injunctions (March 5, 2025 ip fray article) barred Roku from asking a U.S. court to interfere with foreign proceedings. But the Unified Patent Court (UPC) has not taken cases brought by Access Advance licensors Dolby and Sun Patent Trust to trial, which is why the Munich I Regional Court is now more likely to make impactful decisions in the near term (August 29, 2025 ip fray article).

What’s new: This week, Access Advance has announced the filing of Brazilian patent enforcement actions against Roku over High Efficiency Video Coding (HEVC, H.265) patents (October 13, 2025 press release by Access Advance). In case no. 3016299-22.2025.8.19.0001 (Rio de Janeiro State Court), Dolby is asserting two Brazilian patents: BR 112014010839-0 and BR 112014010842-0. Dolby alleges that Roku’s devices, operating system, and streaming service infringe those patents through their implementation of the HEVC standard.

Direct impact:

  • This is the first infringement lawsuit by an Access Advance licensor involving a streaming service. While the well-established HEVC Advance pool is a one-stop licensing option for devices, the younger Video Distribution Pool (VDP; January 16, 2025 ip fray article) covers streaming services. In the summer, additional VP licensors, some of whom are simultaneously licensees, became known (July 31, 2025 ip fray article).
  • Brazil is a jurisdiction that has repeatedly demonstrated its potential to bring global disputes to a resolution. BYD (September 25, 2025 ip fray article) and MediaTek (October 9, 2025 ip fray article) are recent high-profile examples. It is possible that the combination of the Brazilian specter (preliminary injunctions and border seizures) and upcoming German hearings and decisions will dissuade Roku from further litigation.

Wider ramifications: It is noteworthy that Dolby is targeting Roku devices as well as Roku’s streaming service in the same case. No other Access Advance licensor had done so before. Other companies offering unlicensed streaming services will conclude from the Brazilian filings against Roku that VDP enforcement is a reality now.

The Brazilian defendant is Roku Brasil Servicos de Apoio de Produtos Eletronicos LTDA, a subsidiary of Roku, Inc.

Access Advance’s press release quotes its CEO, Peter Moller, as follows:

“When companies infringe patents, it undermines the entire intellectual property system and stifles innovation. The decision by certain patent owners in our HEVC Advance and Video Distribution Patent Pool to initiate legal action underscores the importance of respecting patent rights, particularly in global markets such as Brazil, not only in devices, but also in the services, such as streaming, that create significant additional value by the use of these technologies.”

The press release notes that “Access Advance’s Licensors take legal action only as a last resort to ensure fair competition in the marketplace.”

The HEVC Advance Patent Pool contains more than 27,500 patents essential to HEVC technology. It has wide market acceptance. The Video Distribution Pool covers streaming services using the HEVC, Versatile Video Coding (VVC, H.266), VP9 and AV1 codecs.

Brazilian enforcement can make the difference, also in connection with video streaming services (February 11, 2025 ip fray article).