DISH Technologies L.L.C. et al. v. BritBox LLC

Case Overview and Background

This litigation is part of a broad, multi-front patent enforcement campaign by DISH Technologies L.L.C. and its live-streaming subsidiary Sling TV L.L.C. against numerous online video providers. The plaintiffs, both established operating companies in the pay-TV and "over-the-top" (OTT) streaming market, are asserting a portfolio of patents that they contend are fundamental to modern video streaming. The defendant, BritBox LLC, operates a niche streaming service focused on British television content, which was a joint venture between BBC and ITV before BBC Studios acquired full ownership in early 2024. DISH alleges that the technology powering the BritBox streaming service—specifically, its use of adaptive bitrate (ABR) streaming to ensure smooth playback across variable internet speeds—infringes its patents. While the initial complaint reportedly targeted eight patents, the case metadata and subsequent filings have focused on patents including U.S. Patent No. 8,868,772. The '772 patent, originally filed by Move Networks and later acquired by a DISH-related entity, is titled "Apparatus, system and method for multi-bitrate content streaming."

The case was filed in the U.S. District Court for the Southern District of New York (SDNY), a prominent venue for complex commercial and intellectual property disputes, and is currently before Judge Lorna G. Schofield. The choice of SDNY is significant due to its experienced judiciary and its location in a major hub for media companies like BritBox's parents. The lawsuit is notable as a key front in DISH's wider assertion strategy against competitors in the crowded "streaming wars" marketplace, including Fubo, iFit, and others. This pattern of an operating company aggressively monetizing its patent portfolio against an entire industry sector has drawn significant attention. The case's trajectory has been defined by its direct link to parallel proceedings at the U.S. Patent and Trademark Office; the district court case is stayed pending the outcome of inter partes review (IPR) petitions filed by other defendants challenging the validity of the asserted patents. This posture highlights a common defense strategy where accused infringers use the more specialized, and often faster, patent office proceedings to try and invalidate the patents being asserted against them in federal court.

Key Legal Developments and Case Outcome

This case is a component of DISH's broad campaign to enforce its adaptive bitrate (ABR) streaming patent portfolio against numerous digital video providers. The core of the dispute revolves around DISH's assertion that BritBox's streaming service infringes on its patents covering technology for adjusting video quality based on a user's internet connection.

The most significant development in this litigation has been its stay pending the outcome of parallel validity challenges to the asserted patents at the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB). This holding pattern is characteristic of many of the lawsuits in DISH's campaign.

Here is a chronological summary of key events:

• 2023-10-11: Complaint Filed. DISH Technologies L.L.C. and Sling TV L.L.C. filed a patent infringement complaint against BritBox LLC in the Southern District of New York. The complaint alleged that DISH had attempted to negotiate a license with BritBox for three years before resorting to litigation. The lawsuit initially targeted a portfolio of eight patents related to ABR streaming technology, including U.S. Patent No. 8,868,772 ('772 patent), which originated with Move Networks, a company whose assets were acquired by a DISH-related entity.

• 2024-01-05: Appearance of Counsel for Defendant. Kirkland & Ellis LLP filed a notice of appearance on behalf of BritBox LLC. [Dkt. No. 12]

• Parallel PTAB Proceedings: A crucial element of the defense strategy for BritBox and other defendants in DISH's litigation campaign has been to challenge the validity of the asserted patents through inter partes review (IPR) petitions at the PTAB. Other defendants, including FuboTV, MasterClass, and WebGroup Czech Republic, filed IPR petitions against the '772 patent.

  • IPR2024-00919: FuboTV Media Inc. and Yanka Industries, Inc. (MasterClass) filed an IPR petition against the '772 patent. The PTAB instituted a review of all challenged claims on November 21, 2024.
  • IPR2025-00348: WebGroup Czech Republic, A.S. and NKL Associates, S.R.O. also filed a petition against the '772 patent and successfully moved to join the IPR initiated by FuboTV and MasterClass. The PTAB instituted this IPR on June 11, 2025.
  • Other IPRs: At least two other IPR petitions filed by Aylo Freesites Ltd. against the '772 patent were denied institution by the PTAB in April and August 2024.

• 2026-01-21: Case Stayed Pending IPR Resolution. In light of the ongoing IPR proceedings that could invalidate the patent claims asserted against BritBox, the parties jointly requested a stay of the district court case. Judge Lorna G. Schofield granted the request, ordering that all proceedings in the case be stayed "until the resolution of the last of the ongoing inter partes review proceedings... including any appeals therefrom." [Dkt. No. 69]

• Current Status (May 2026): The case remains active but stayed. The litigation is effectively paused, awaiting final decisions from the PTAB and any subsequent appeals to the U.S. Court of Appeals for the Federal Circuit regarding the validity of the '772 patent and others in DISH's portfolio. The parties are required to submit joint status reports to the court every six months. The outcome of the IPRs will be a determinative factor in whether this case proceeds to claim construction, discovery, and trial, or is dismissed. While some of DISH's other lawsuits have been voluntarily dismissed, this one remains pending, contingent on the PTAB's findings.

Plaintiff Representatives

DISH Technologies L.L.C. and Sling TV L.L.C. are represented by attorneys from the law firm Foster, Murphy, Altman & Nickel, PC, a boutique firm specializing in intellectual property law. The legal team is primarily based in Washington, D.C.

Lead Counsel

• Paul M. Schoenhard, Shareholder at Foster, Murphy, Altman & Nickel, PC in Washington, D.C.
  • Schoenhard is an experienced patent litigator who has represented DISH in numerous enforcement actions related to its streaming-patent portfolio against other defendants like Fubo and iFit.
• Mekeisha G. Mabry, Shareholder at Foster, Murphy, Altman & Nickel, PC in Washington, D.C.
  • Mabry has extensive experience in patent litigation before district courts and the International Trade Commission (ITC), and has been counsel for DISH in its broader streaming patent assertion campaign.

Additional Counsel

• Peter J. Ikeya, Of Counsel at Foster, Murphy, Altman & Nickel, PC in Washington, D.C.
  • Ikeya focuses on patent litigation and has been involved in representing DISH in its various lawsuits against other streaming service providers.
• Jordan F. Lemoine, Associate at Foster, Murphy, Altman & Nickel, PC in Washington, D.C.
  • Lemoine's practice includes patent litigation, and he is listed on the complaint and other filings in DISH's campaign.
• David E. Moore, Partner at Bindler & Moore, PLLC in Wilmington, Delaware.
  • Moore is serving as Of Counsel and is known for his extensive experience in Delaware patent litigation, having previously been a partner at Potter Anderson & Corroon LLP.

This legal team filed the original complaint on behalf of DISH and Sling on October 11, 2023. They are consistently named as counsel across the multiple parallel lawsuits DISH has filed to assert this portfolio of adaptive bitrate streaming patents.

Defendant representatives

BritBox LLC is represented by attorneys from the law firm Kirkland & Ellis LLP. The team includes intellectual property litigators from the firm's New York and Los Angeles offices.

Lead Counsel

• Jeannie Heffernan, Partner at Kirkland & Ellis in New York.
  • Heffernan is an experienced trial lawyer specializing in intellectual property, who has represented major clients such as Charter Communications and Cablevision in significant patent litigation matters.
• Tiana Demas, Partner at Kirkland & Ellis in Los Angeles.
  • Demas focuses on high-stakes patent litigation in federal courts and has experience representing clients in the telecommunications and media sectors.

Additional Counsel

• Edward "Teddy" C. Esmond, Associate at Kirkland & Ellis in New York.
  • Esmond's practice includes intellectual property litigation and counseling.
• Soo Lim, Associate at Kirkland & Ellis in New York.
  • Lim's practice also focuses on intellectual property litigation matters.

The appearance of counsel for BritBox was filed on January 5, 2024 (Dkt. No. 12). This team from Kirkland & Ellis is also representing other defendants, such as Fubo, in the broader litigation campaign initiated by DISH over its adaptive bitrate streaming patent portfolio.