Tagivan II Sues Disney on Four HEVC Video Coding Patents Over Disney+, Hulu, and ESPN Streaming.

The complaint

The case is Tagivan II LLC v. The Walt Disney Company et al., No. 1:26-cv-01388 (D. Del.), a 73-page original complaint for patent infringement filed October 27, 2026, Document 1. The plaintiff is Tagivan II LLC, a Delaware limited liability company the complaint places in Denver, Colorado. The defendants are The Walt Disney Company; Disney Media and Entertainment Distribution LLC; Disney DTC LLC; Disney Streaming Services LLC; Disney Entertainment & Sports LLC; Disney Platform Distribution, Inc.; Disney Electronic Content, Inc.; BAMTech, LLC; Hulu, LLC; and ESPN, LLC. The complaint demands a jury.

Jurisdiction and venue

The complaint pleads subject matter jurisdiction over the infringement claims under 28 U.S.C. 1331 and 1338, and supplemental jurisdiction under 28 U.S.C. 1367(a) over the RAND declaratory count. It places venue in Delaware under 28 U.S.C. 1391 and 1400(b), alleging that each Disney entity is incorporated in Delaware and that Disney has committed acts of infringement and has a regular and established place of business in the district.

The patents and claims

The complaint alleges Tagivan owns by assignment the entire right, title, and interest in four Patents-in-Suit, including the right to recover for past infringement under 35 U.S.C. 284 to 287. Asserted exemplary claims are claim 1 of the '001 patent, claim 1 of the '280 patent, claim 2 of the '469 patent, and claim 2 of the '953 patent. Claim charts are attached as Exhibits 5 to 8.

U.S. Patent 8,781,001, Image coding method, image coding apparatus, image decoding method and image decoding apparatus, issued July 15, 2014. Claim 1 covers an encoding method for last position information indicating the position of a last non-zero coefficient in a current block, including binarizing that information into a first signal of limited maximum length and optional second signal, arithmetically encoding each binary symbol of the first signal with a context switched by bit position, and arithmetically encoding the second signal, when present, "using a fixed probability," with the last bit position of a maximum-length first signal using an exclusive context and two or more other bit positions sharing a common context.

U.S. Patent 10,334,280, Image coding method, image coding apparatus, image decoding method and image decoding apparatus, issued June 25, 2019. Claim 1 covers an encoding method for last position information of a last non-zero coefficient in a current block that arithmetically encodes each binary symbol of a first signal using a context selected by bit position, arithmetically encodes a second signal without using a context when the binary signal includes the second signal, uses an exclusive context for the last bit position when the first signal has a predetermined length, and uses a context common to two or more other bit positions of the first signal.

U.S. Patent 11,570,469, Moving picture coding method, moving picture coding apparatus, moving picture decoding method, and moving picture decoding apparatus, issued January 31, 2023. Claim 2 covers a coding method that generates motion vector predictor candidates from left and upper adjacent blocks, selects a predictor, codes a current-block motion vector with that predictor, and codes the current block, including ordered rules for taking a left-adjacent motion vector available without scaling, otherwise scaling a left-adjacent vector when available by scaling, otherwise generating no left-adjacent candidates, and parallel rules for upper-adjacent vectors that further condition scaled upper candidates on whether left-adjacent blocks include inter-predicted blocks.

U.S. Patent 10,992,953, Moving picture coding method, moving picture coding apparatus, moving picture decoding method, and moving picture decoding apparatus, issued April 27, 2021. Claim 2 covers a coding method that generates motion vector predictor candidates, selects a predictor, codes a current-block motion vector with that predictor, and codes the current block, including when a left-adjacent block supplies a motion vector available without scaling, when a left-adjacent vector must be scaled, when no left-adjacent candidates are generated, and corresponding upper-adjacent rules that allow a scaled upper vector only when inter prediction is not performed on any left-adjacent block.

The accused products

The complaint defines Accused Instrumentalities as applications, hardware, products, and backend processes, with associated equipment, used for transcoding, decoding, and encoding to provide videos to users. It points to Disney+, Hulu, Hulu Live, and the ESPN streaming services and related apps. It alleges that Disney+ uses HEVC-compliant formats to stream video, that Hulu uses them for at least some of its streaming, and, on information and belief, that at least a portion of the ESPN streaming services use them. It cites admissions Disney made in another patent case in the same court, No. 1:24-cv-01231, that Disney+ and Hulu use the HEVC/H.265 codec.

The infringement allegations

Counts I to IV allege direct infringement under 35 U.S.C. 271, literally or under the doctrine of equivalents, and, on information and belief, induced infringement under 35 U.S.C. 271(b). The complaint says Tagivan offers licenses to the patents through the Access Advance Video Distribution Patent pool. It alleges, on information and belief, that Access Advance began discussing the pool with Disney in 2024, told Disney on April 16, 2026 that Tagivan was a pool member, sent Disney a patent list including the '001 and '280 patents on September 16, 2026, and sent a list including all four patents on October 14, 2026. It pleads knowledge from those dates or willful blindness, and alleges willful infringement of each patent. Count V seeks a declaratory judgment that Tagivan has negotiated in good faith and complied with any RAND obligations under the ITU IPR Policy for essential claims covering H.265 implementations, alleging Access Advance offered Disney a license that Disney has not accepted.

The relief sought

The prayer asks for judgments of infringement and willfulness; actual damages going back six years; enhanced damages under 35 U.S.C. 284; pre- and post-judgment interest and costs; a finding that the case is exceptional with attorneys' fees under 35 U.S.C. 285; an accounting; a declaration that, for its patent claims subject to a RAND obligation, Tagivan negotiated in good faith and satisfied those obligations; and other relief, including equitable relief, that the court deems appropriate.

What to watch next

Watch for service returns, Disney's answer or Rule 12 motion, and any early RAND or stay briefing tied to the Access Advance licensing allegations.