Recently, Dolby obtained a preliminary injunction (“PI”) from the Munich I Regional Court against Roku over one of its SEPs to the High Efficiency Video Coding (HEVC or H.265) standard. This is a historic development in Europe, as it marks the first preliminary injunction of this kind in the region, placing Germany alongside jurisdictions such as Brazil and Colombia, which have also granted SEP-based PIs.
Although the full decision has not yet been published, Access Advance (the patent pool managing the Dolby SEP enforced in this case) announced that the mere issuance of the injunction suggests that the Munich court considered Roku to be an unwilling licensee. This outcome points to a strong legal position in favor of SEP holders.
The full text of the decision is expected in the coming weeks, which should clarify the Court’s reasoning and the precise scope of the injunction. Roku may appeal against the ruling.
