← Back to FUBO filing summaryThis is the extracted source text from the SEC filing. Formatting may differ from the original document.
We are, and may in the future, be involved in various legal proceedings arising from the normal course of business activities. Although the results of litigation and claims cannot be predicted with certainty, currently, the Company believes that the likelihood of any material adverse impact on the Company’s consolidated results of operations, cash flows or our financial position for any such litigation or claims is remote. Regardless of the outcome, litigation can have an adverse impact on the Company because of the costs to defend lawsuits, diversion of management resources and other factors.
DISH Technologies, LLC, et al. v. fuboTV Media Inc., No. 1:23-cv-00986 (D. Del)
On September 6, 2023, DISH Technologies L.L.C. and Sling TV L.L.C. (collectively, “DISH”) filed a complaint in the District of Delaware alleging that fuboTV Media Inc. (n/k/a FuboTV Media LLC) (“FuboTV Media”) infringes eight of DISH's patents by streaming video through a FuboTV Media application and seeking damages and injunctive relief.
On December 14, 2023, following a series of stipulated extensions, FuboTV Media filed a motion to dismiss the complaint asserting that DISH’s patents are invalid. A hearing was held on March 25, 2024.
On May 7, 2024, DISH filed a motion for leave to file a First Amended Complaint to assert more claims. The district court granted this motion on May 21, 2024, and denied-as-moot FuboTV Media’s motion to dismiss. FuboTV Media also filed petitions for inter partes review (“IPR”) on all the asserted patents, five of which relate to patents for which the United States Patent Trial and Appeal Board (“PTAB”) instituted proceedings in April 2024, and issued its final written decisions holding the majority of the challenged claims unpatentable in April 2025. The lead Petitioner in these IPRs requested rehearing and DISH requested Director Review of these decisions, both of which were denied in October 2025 and August 2025, respectively. The lead Petitioner in these IPRs, FuboTV Media, and DISH filed notices of appeal and those appeals are pending. In November 2025, the PTAB issued its final written decisions on the IPRs for remaining three patents, holding all claims of all three patents unpatentable. In December 2025, DISH filed petitions for Director Review of these three decisions, which FuboTV Media opposed. In March 2026, DISH’s petitions for Director Review were all denied, and DISH filed notices of appeal for the remaining three patents. Those appeals are pending. On June 30, 2026, DISH filed a voluntary petition for bankruptcy relief under chapter 11 of title 11 of the United States Code, 11 U.S.C. §§ 101-1532. On July 28, 2026, DISH filed notices of its bankruptcy filing in the appeals of the IPR decisions. The Federal Circuit subsequently stayed the appeals pending further notice from the court.
After filing its IPR petitions, FuboTV Media filed a motion to stay the district court case pending resolution of those reviews. The district court granted that motion on August 13, 2024, staying the case until two weeks after the PTAB issues final written decisions on the five then-instituted patents and any appeals therefrom, and ordered that the stay would remain in place for the duration of any instituted IPRs and appeals therefrom on the remaining three patents. On December 5, 2024, the parties informed the Court that the PTAB instituted review for the remaining three patents. Currently, the case is fully stayed pending the instituted IPRs and related appeals.
The Company believes it has meritorious defenses and intends to defend itself vigorously in this matter.
DISH Network L.L.C. vs. FuboTV Inc. and FuboTV Media
On January 2, 2026, in connection with existing breach of contract litigation brought in the Southern District of New York by Disney against DISH Network L.L.C. (“DISH LLC”), DISH LLC asserted antitrust counterclaims naming FuboTV Inc. and FuboTV Media, along with Disney and other Disney-affiliated companies, as counterclaim defendants. The counterclaims against the Fubo entities assert violations of Section 1 of the Sherman Act and Section 7 of the Clayton Act based on Disney’s acquisition of a controlling share of Fubo. The counterclaims against Fubo seek, inter alia, injunctive relief in the form of the unwinding of Disney’s acquisition of a controlling share of Fubo, as well as monetary damages. On February 20, 2026, Fubo and Disney jointly moved to dismiss DISH LLC’s counterclaims. DISH LLC filed amended counterclaims on March 13, 2026, and Fubo and Disney moved to dismiss the amended counterclaims on March 27, 2026. Briefing on the motion to dismiss was completed on April 24, 2026. The Court stayed discovery on the antitrust counterclaims pending resolution of the motion to dismiss. On June 30, 2026, DISH LLC filed a voluntary petition for bankruptcy relief under chapter 11 of title 11 of the United States Code, 11 U.S.C. §§ 101-1532. On July 14, 2026, the Court stayed the entire action pending resolution of the underlying bankruptcy proceeding.
50
Table of Contents
The Company believes it has meritorious defenses and intends to defend itself vigorously in this matter.
51
Table of Contents
Adeia Media Holdings Inc. vs. FuboTV Inc.
On July 1, 2026, Adeia Media Holdings Inc (“Adeia”) filed a complaint against the Company in the District of Delaware alleging that the Company infringes four of Adeia’s patents in connection with the Company’s streaming services, and seeking damages and injunctive relief. On July 20, 2026, Adeia and the Company jointly filed a stipulation and proposed order extending the Company’s deadline to respond to the complaint from July 22, 2026 to September 21, 2026. On July 20, 2026, the court entered an order granting the stipulated extension and setting September 21, 2026 as the new deadline for the Company to respond.
The Company believes it has meritorious defenses and intends to defend itself vigorously in this matter.
52
Table of Contents