Case 1:20-cv-02970-MKV Document 1-2 Filed 04/10/20 Page 1 of 27
`Case 1:20-cv-02970-MKV Document 1-2 Filed 04/10/20 Page 1 of 27
`
`EXHIBIT B
`
`EXHIBIT B
`
`

`

`Case 1:20-cv-02970-MKV Document 1-2 Filed 04/10/20 Page 2 of 27
`Preliminary Comparison of FuboTV with U.S. Patent No. 6,788,882
`
`Claim language
`1. A digital video recorder (DVR) for
`recording a plurality of television
`broadcast programs, comprising:
`
`
`a mass data storage unit that
`concurrently and continuously
`receives and digitally stores a
`plurality of television broadcast
`programs together with time
`information to allow said plurality of
`stored television broadcast programs
`to be synchronized with respect to
`one another; and
`
`
`Information Relating to FuboTV
`FuboTV provides a digital video recorder for recording a plurality of television broadcasts:
`
`FuboTV provides 10 DVR slots into which you can store any sporting event or TV
`show. The number of events you can record at once corresponds to the number of free
`slots you have remaining.
`
`https://www.techhive.com/article/3204504/fubo-tv-all-the-details-on-this-sports-heavy-
`streaming-bundle.html.
`
`Fubo allows two simultaneous streams per account, either inside or outside the home. While
`traveling, you're allowed to watch regional sports and your local NBC station, even outside of
`your coverage area. (Fox will provide the local channel for the current location, if it’s
`available.)
`
`https://www.techhive.com/article/3204504/fubo-tv-all-the-details-on-this-sports-heavy-
`streaming-bundle.html.
`
`FuboTV provides a mass data storage unit that concurrently and continuously receives and
`digitally stores a plurality of television broadcast programs, including by saving programs to a
`cloud DVR or in temporary memory.
`
`FuboTV:
`
`
`FuboTV provides 10 DVR slots into which you can store any sporting event or TV
`show. The number of events you can record at once corresponds to the number of free
`slots you have remaining.
`
`https://www.techhive.com/article/3204504/fubo-tv-all-the-details-on-this-sports-heavy-
`streaming-bundle.html.
`
`
`1
`
`

`

`Case 1:20-cv-02970-MKV Document 1-2 Filed 04/10/20 Page 3 of 27
`Preliminary Comparison of FuboTV with U.S. Patent No. 6,788,882
`
`Fubo allows two simultaneous streams per account, either inside or outside the home. While
`traveling, you're allowed to watch regional sports and your local NBC station, even outside of
`your coverage area. (Fox will provide the local channel for the current location, if it’s
`available.)
`
`https://www.techhive.com/article/3204504/fubo-tv-all-the-details-on-this-sports-heavy-
`streaming-bundle.html.
`
`FuboTV also receives and digitally stores time information relating to television broadcast
`programs. This is evidenced, for example, by FuboTV’s ability to display an on-screen timer
`for a program stored or being stored that illustrates (among other things) the user’s current
`point in a program:
`
`
`
`The digital storage of television broadcast programs and time information by FuboTV allows
`the stored television broadcast programs to be synchronized with respect to one another.
`
`
`
`2
`
`

`

`Case 1:20-cv-02970-MKV Document 1-2 Filed 04/10/20 Page 4 of 27
`Preliminary Comparison of FuboTV with U.S. Patent No. 6,788,882
`
`
`FuboTV allows the user to open two streams concurrently, including multiple Live TV
`streams on a single device (https://www.techhive.com/article/3204504/fubo-tv-all-the-details-
`on-this-sports-heavy-streaming-bundle.html). For example, the screenshots below show two
`different programs that were being streamed concurrently to a single computer.
`
`
`
`3
`
`

`

`Case 1:20-cv-02970-MKV Document 1-2 Filed 04/10/20 Page 5 of 27
`Preliminary Comparison of FuboTV with U.S. Patent No. 6,788,882
`
`
`
`
`
`When a user begins streaming a particular television program, FuboTV begins storing that
`program. FuboTV permits a user to pause live TV, as well as to rewind and fast-forward
`through stored programs, including both programs the user selected to record and programs
`being buffered based on the user initiating a stream: “fuboTV has added the ability to pause,
`rewind, and fast-forward live TV. As long as you stay on the channel, you can rewind to the
`point you first started to stream the channel.” https://www.cordcuttersnews.com/fubotv-just-
`rolled-long-list-new-features/
`
`The user can switch between streams being concurrently received and stored on a single
`device, such as by using the ALT+TAB command on a computer running Microsoft
`Windows. This is illustrated in the screenshots below, which show television broadcast
`
`4
`
`

`

`Case 1:20-cv-02970-MKV Document 1-2 Filed 04/10/20 Page 6 of 27
`Preliminary Comparison of FuboTV with U.S. Patent No. 6,788,882
`
`programs that were concurrently received and stored on a computer, with the user being able
`to switch between the two programs by, for example, using the ALT&TAB command.
`
`
`
`5
`
`

`

`Case 1:20-cv-02970-MKV Document 1-2 Filed 04/10/20 Page 7 of 27
`Preliminary Comparison of FuboTV with U.S. Patent No. 6,788,882
`
`The ability to maintain and switch between two concurrently received and stored streams,
`combined with the ability to pause a program and to move forward and backward through a
`program, permits a user to, for example, surf stored programs, including allowing rapid
`switching from one program at a given time to another program at a different time. See ’882
`patent at 14:40-46.
`
`FuboTV includes a channel viewer coupled to the mass data storage unit that allows a user to
`retrieve a portion of a television broadcast program based on a received command and
`presents the portion of the television broadcast program on a video display device.
`
`
`
` A
`
`a channel viewer, coupled to said
`mass storage unit, that retrieves a
`portion of one of said plurality of
`stored television broadcast programs
`from said mass data storage unit
`based on a received command and
`presents said portion on a video
`display device.
`
`
` user may select a stored program from FuboTV in various ways. For example, FuboTV
`provides a program guide that allows a user to select a particular program for display,
`including programs that are currently being stored:
`
`
`6
`
`

`

`Case 1:20-cv-02970-MKV Document 1-2 Filed 04/10/20 Page 8 of 27
`Preliminary Comparison of FuboTV with U.S. Patent No. 6,788,882
`
`
`The user may also select a program he has previously selected to record from the Recordings
`menu.
`
`
`
`
`
`
`
`
`7
`
`

`

`Case 1:20-cv-02970-MKV Document 1-2 Filed 04/10/20 Page 9 of 27
`Preliminary Comparison of FuboTV with U.S. Patent No. 6,788,882
`
`5. The DVR as recited in claim
`1 wherein said channel viewer
`comprises a channel guide database
`containing pointers to locations in
`said mass data storage unit.
`
`
`FuboTV’s program guide comprises a channel guide database that contains pointers to
`locations in the mass data storage unit, including both programs the user is currently
`streaming and previously stored programs.
`
`
`
`
`8
`
`

`

`Case 1:20-cv-02970-MKV Document 1-2 Filed 04/10/20 Page 10 of 27
`Preliminary Comparison of FuboTV with U.S. Patent No. 6,788,882
`
`
`
`FuboTV’s channel viewer displays a channel guide on the video display device that provides
`information regarding content of a plurality of channels, including channels playing programs
`that are being stored on the DVR.
`
`
`
`
`6. The DVR as recited in claim
`1 wherein said channel viewer
`displays a channel guide on said
`video display device, said channel
`guide providing information
`regarding a content of said plurality
`of channels.
`
`9
`
`

`

`Case 1:20-cv-02970-MKV Document 1-2 Filed 04/10/20 Page 11 of 27
`Preliminary Comparison of FuboTV with U.S. Patent No. 6,788,882
`
`7. The DVR as recited in claim
`6 wherein said channel guide
`contains links to locations in said
`mass data storage unit.
`
`
`FuboTV’s channel guide contains links to locations in the mass data storage unit, including
`both television broadcast programs the user is currently streaming and previously stored
`programs.
`
`
`
`
`
`10
`
`

`

`Case 1:20-cv-02970-MKV Document 1-2 Filed 04/10/20 Page 12 of 27
`Preliminary Comparison of FuboTV with U.S. Patent No. 6,788,882
`
`8. The DVR as recited in claim
`1 further comprising a pointing
`device, cooperable with said channel
`viewer, that allows a user to issue
`said command.
`9. The DVR as recited in claim
`1 wherein said channel viewer
`presents said portion nonlinearly.
`
`12. The DVR as recited in claim
`1 further comprising an archive
`
`
`
`
`
`FuboTV works with pointing devices (e.g., a mouse, a remote control, or a remote-control
`app on a smartphone or tablet) cooperable with the channel viewer to allow the user to issue
`commands. https://support.fubo.tv/hc/en-us/articles/360038633512-How-can-I-record-a-
`program-
`
`FuboTV’s channel viewer can present a portion of a television broadcast program
`nonlinearly. For example, FuboTV’s video player controls allow the user to skip forward or
`backward nonlinearly: “While watching in your browser, there are little buttons to skip
`forward or back 15 seconds.” https://www.businessinsider.in/fubotv-is-a-pricier-alternative-
`to-other-live-tv-streaming-services-like-sling-and-hulu-we-break-down-pricing-packages-
`and-what-its-like-to-use/articleshow/71209688.cms
`
`FuboTV includes an archive storage unit, coupled to the channel viewer, that stores programs
`selected by the user (which the user can do after he has begun streaming the television
`
`11
`
`

`

`Case 1:20-cv-02970-MKV Document 1-2 Filed 04/10/20 Page 13 of 27
`Preliminary Comparison of FuboTV with U.S. Patent No. 6,788,882
`
`storage unit, coupled to said channel
`viewer, that stores said portion.
`
`broadcast): “fuboTV has updated their DVR. Now even if you start DVRing a program that
`has already started, it will save the full program even if you didn’t start recording until more
`than halfway through the show.” https://www.cordcuttersnews.com/fubotv-just-rolled-long-
`list-new-features/
`
`13. The DVR as recited in claim
`1 further comprising a channel
`selector, coupled to said mass data
`storage unit, that allows a user to
`identify said plurality of channels.
`
`
`FuboTV includes a channel selector, coupled to the mass data storage unit, that allows a user
`to identify a plurality of channels playing television broadcast programs. In particular, since
`FuboTV permits a user to maintain at least two streams concurrently, the user can identify
`(and begin streaming) a plurality of channels/programs to store concurrently, including two or
`more streams on the same device.
`
`
`16. The DVR as recited in claim
`1 wherein said plurality of channels
`are formatted in a selected one of:
`
`
`FuboTV provides a plurality of channels playing television broadcast programs that are
`formatted in, for example, digital HDTV (e.g., 4K). https://www.fubo.tv/welcome/channels.
`
`
`
`12
`
`

`

`Case 1:20-cv-02970-MKV Document 1-2 Filed 04/10/20 Page 14 of 27
`Preliminary Comparison of FuboTV with U.S. Patent No. 6,788,882
`
`NTSC analog TV,
`PAL/SECAM analog TV,
`digital TV,
`analog HDTV, and
`digital HDTV.
`
`17. The DVR as recited in claim
`1 wherein said DVR selectively
`moves by one commercial time unit
`within said one of said plurality of
`channels in response to a second
`received command.
`
`18. The DVR as recited in claim
`17 wherein said received command is
`employable to achieve catch-up
`viewing.
`
`19. A method of operating a digital
`video recorder, comprising the steps
`of:
`
`
`FuboTV allows a user to submit a command prompting the system to move forward in a
`program by a particular amount of time, including by one commercial time unit. For example,
`FuboTV’s video player controls allow the user to skip forward or backward nonlinearly:
`“While watching in your browser, there are little buttons to skip forward or back 15 seconds.”
`https://www.businessinsider.in/fubotv-is-a-pricier-alternative-to-other-live-tv-streaming-
`services-like-sling-and-hulu-we-break-down-pricing-packages-and-what-its-like-to-
`use/articleshow/71209688.cms
`
`FuboTV’s skip-forward command is employable to achieve catch-up viewing. For example,
`FuboTV’s video player controls allow the user to skip forward or backward nonlinearly:
`“While watching in your browser, there are little buttons to skip forward or back 15 seconds.”
`https://www.businessinsider.in/fubotv-is-a-pricier-alternative-to-other-live-tv-streaming-
`services-like-sling-and-hulu-we-break-down-pricing-packages-and-what-its-like-to-
`use/articleshow/71209688.cms
`
`
`FuboTV uses a method of operating a digital video recorder:
`
`
`FuboTV provides 10 DVR slots into which you can store any sporting event or TV
`show. The number of events you can record at once corresponds to the number of free
`slots you have remaining.
`
`https://www.techhive.com/article/3204504/fubo-tv-all-the-details-on-this-sports-heavy-
`streaming-bundle.html.
`
`
`13
`
`

`

`Case 1:20-cv-02970-MKV Document 1-2 Filed 04/10/20 Page 15 of 27
`Preliminary Comparison of FuboTV with U.S. Patent No. 6,788,882
`
`receiving a plurality of television
`broadcasts, each television broadcast
`including a video signal; and
`
`
`concurrently and continuously
`digitally storing said plurality of
`television broadcasts on a mass data
`storage unit and storing said plurality
`of television broadcasts together with
`time information to allow said
`plurality of stored television
`broadcasts to be synchronized with
`respect to one another upon replay of
`said stored television broadcasts.
`
`
`Fubo allows two simultaneous streams per account, either inside or outside the home. While
`traveling, you're allowed to watch regional sports and your local NBC station, even outside of
`your coverage area. (Fox will provide the local channel for the current location, if it’s
`available.)
`
`https://www.techhive.com/article/3204504/fubo-tv-all-the-details-on-this-sports-heavy-
`streaming-bundle.html.
`
`FuboTV includes a mass data storage unit that receives a plurality of television broadcasts,
`each television broadcast including a signal.
`
`FuboTV provides 10 DVR slots into which you can store any sporting event or TV
`show. The number of events you can record at once corresponds to the number of free
`slots you have remaining.
`
`https://www.techhive.com/article/3204504/fubo-tv-all-the-details-on-this-sports-heavy-
`streaming-bundle.html.
`
`FuboTV provides a mass data storage unit that concurrently and continuously digitally stores
`a plurality of television broadcasts on a mass data storage unit.
`
`
`FuboTV provides 10 DVR slots into which you can store any sporting event or TV
`show. The number of events you can record at once corresponds to the number of free
`slots you have remaining.
`
`https://www.techhive.com/article/3204504/fubo-tv-all-the-details-on-this-sports-heavy-
`streaming-bundle.html.
`
`Fubo allows two simultaneous streams per account, either inside or outside the home. While
`traveling, you're allowed to watch regional sports and your local NBC station, even outside of
`
`14
`
`

`

`Case 1:20-cv-02970-MKV Document 1-2 Filed 04/10/20 Page 16 of 27
`Preliminary Comparison of FuboTV with U.S. Patent No. 6,788,882
`
`your coverage area. (Fox will provide the local channel for the current location, if it’s
`available.)
`
`https://www.techhive.com/article/3204504/fubo-tv-all-the-details-on-this-sports-heavy-
`streaming-bundle.html.
`
`FuboTV also receives and digitally stores time information relating to television broadcast
`programs. This is evidenced, for example, by FuboTV’s ability to display an on-screen timer
`for a program stored or being stored that illustrates (among other things) the user’s current
`point in a program:
`
`
`
`The digital storage of television broadcast programs and time information by FuboTV allows
`the stored television broadcasts to be synchronized with respect to one another.
`
`
`
`
`15
`
`

`

`Case 1:20-cv-02970-MKV Document 1-2 Filed 04/10/20 Page 17 of 27
`Preliminary Comparison of FuboTV with U.S. Patent No. 6,788,882
`
`FuboTV allows the user to open two streams concurrently, including multiple Live TV
`streams on a single device (https://www.techhive.com/article/3204504/fubo-tv-all-the-details-
`on-this-sports-heavy-streaming-bundle.html). For example, the screenshots below show two
`different programs that were being streamed concurrently to a single computer.
`
`
`
`16
`
`

`

`Case 1:20-cv-02970-MKV Document 1-2 Filed 04/10/20 Page 18 of 27
`Preliminary Comparison of FuboTV with U.S. Patent No. 6,788,882
`
`
`
`
`
`When a user begins streaming a particular television program, FuboTV begins storing that
`program. FuboTV permits a user to pause live TV, as well as to rewind and fast-forward
`through stored programs, including both programs the user selected to record and programs
`being buffered based on the user initiating a stream: “fuboTV has added the ability to pause,
`rewind, and fast-forward live TV. As long as you stay on the channel, you can rewind to the
`point you first started to stream the channel.” https://www.cordcuttersnews.com/fubotv-just-
`rolled-long-list-new-features/
`
`The user can switch between streams being concurrently received and stored on a single
`device, such as by using the ALT+TAB command on a computer running Microsoft
`Windows. This is illustrated in the screenshots below, which show television broadcast
`
`17
`
`

`

`Case 1:20-cv-02970-MKV Document 1-2 Filed 04/10/20 Page 19 of 27
`Preliminary Comparison of FuboTV with U.S. Patent No. 6,788,882
`
`programs that were concurrently received and stored on a computer, with the user being able
`to switch between the two programs by, for example, using the ALT&TAB command.
`
`
`
`18
`
`

`

`Case 1:20-cv-02970-MKV Document 1-2 Filed 04/10/20 Page 20 of 27
`Preliminary Comparison of FuboTV with U.S. Patent No. 6,788,882
`
`
`The ability to maintain and switch between two concurrently received and stored streams,
`combined with the ability to pause a television broadcast and to move forward and backward
`through a broadcast, permits a user to, for example, surf stored television broadcasts,
`including allowing rapid switching from one broadcast at a given time to another broadcast at
`a different time. See ’882 patent at 14:40-46.
`FuboTV creates pointers to locations in the mass data storage unit in a channel guide
`database, including live television broadcasts the user is currently streaming and storing.
`
`
`
`
`20. The method as recited in claim
`19 further comprising creating
`pointers to locations in said mass data
`storage unit in a channel guide
`database.
`
`19
`
`

`

`Case 1:20-cv-02970-MKV Document 1-2 Filed 04/10/20 Page 21 of 27
`Preliminary Comparison of FuboTV with U.S. Patent No. 6,788,882
`
`
`FuboTV’s channel viewer displays a channel guide on the video display device that provides
`information regarding content of a plurality of channels, including television broadcasts that
`are being stored on the DVR.
`
`
`
`
`21. The method as recited in claim
`19 further comprising the step of
`displaying a channel guide on a video
`display device, said channel guide
`providing information regarding a
`content of at least one of said
`plurality of channels.
`
`20
`
`

`

`Case 1:20-cv-02970-MKV Document 1-2 Filed 04/10/20 Page 22 of 27
`Preliminary Comparison of FuboTV with U.S. Patent No. 6,788,882
`
`22. The method as recited in claim
`21 wherein said channel guide
`contains links to locations in said
`mass data storage unit.
`
`
`FuboTV’s channel guide contains links to locations in the mass data storage unit, including
`both live television broadcasts, including live television broadcasts the user is currently
`streaming and storing.
`
`
`
`
`21
`
`

`

`Case 1:20-cv-02970-MKV Document 1-2 Filed 04/10/20 Page 23 of 27
`Preliminary Comparison of FuboTV with U.S. Patent No. 6,788,882
`
`23. The method as recited in claim
`19 further comprising the step of
`receiving a command to replay one of
`said stored television broadcasts.
`
`
`
`FuboTV may receive a command to replay a stored television broadcast in various ways. For
`example, FuboTV provides a program guide that allows a user to select a particular television
`broadcast for display, including broadcasts that are currently being stored:
`
`
`
`
`22
`
`

`

`Case 1:20-cv-02970-MKV Document 1-2 Filed 04/10/20 Page 24 of 27
`Preliminary Comparison of FuboTV with U.S. Patent No. 6,788,882
`
`
`The user may also select a program he has previously selected to record from the Recordings
`menu.
`
`
`
`
`
`
`
`
`23
`
`

`

`Case 1:20-cv-02970-MKV Document 1-2 Filed 04/10/20 Page 25 of 27
`Preliminary Comparison of FuboTV with U.S. Patent No. 6,788,882
`
`24. The method as recited in claim
`23 wherein said one of said stored
`television broadcasts is displayed
`nonlinearly.
`
`27. The method as recited in claim 19
`further comprising the step of storing
`one of said television broadcasts in
`an archive storage unit.
`
`28. The method as recited in claim
`19 further comprising the step of
`allowing a user to identify said
`
`
`
`
`FuboTV’s channel viewer can display a stored television broadcast nonlinearly. For example,
`FuboTV’s video player controls allow the user to skip forward or backward nonlinearly:
`“While watching in your browser, there are little buttons to skip forward or back 15 seconds.”
`https://www.businessinsider.in/fubotv-is-a-pricier-alternative-to-other-live-tv-streaming-
`services-like-sling-and-hulu-we-break-down-pricing-packages-and-what-its-like-to-
`use/articleshow/71209688.cms
`
`FuboTV stores television broadcasts selected by the user in an archive storage unit (which the
`user can do after he has begun streaming the television broadcast): “fuboTV has updated their
`DVR. Now even if you start DVRing a program that has already started, it will save the full
`program even if you didn’t start recording until more than halfway through the show.”
`https://www.cordcuttersnews.com/fubotv-just-rolled-long-list-new-features/
`FuboTV allows the user to identify a plurality of television broadcasts in a channel selector:
`
`
`24
`
`

`

`Case 1:20-cv-02970-MKV Document 1-2 Filed 04/10/20 Page 26 of 27
`Preliminary Comparison of FuboTV with U.S. Patent No. 6,788,882
`
`plurality of television broadcasts in a
`channel selector.
`
`
`In particular, since FuboTV permits a user to maintain at least two streams concurrently, the
`user can identify (and tune to) a plurality of channels/programs to store concurrently,
`including two streams on the same device. https://www.techhive.com/article/3204504/fubo-
`tv-all-the-details-on-this-sports-heavy-streaming-bundle.html.
`.
`
`FuboTV decodes a plurality of television broadcasts that are formatted in, for example, digital
`HDTV (e.g., 4K). https://www.fubo.tv/welcome/channels.
`
`
`
`25
`
`31. The method as recited in claim
`19 further comprising the step of
`decoding said plurality of television
`broadcasts from a selected one of:
`NTSC analog TV,
`PAL/SECAM analog TV,
`digital TV,
`analog HDTV, and
`digital HDTV.
`
`

`

`Case 1:20-cv-02970-MKV Document 1-2 Filed 04/10/20 Page 27 of 27
`Preliminary Comparison of FuboTV with U.S. Patent No. 6,788,882
`
`
`32. The method as recited in claim
`19 further comprising the step of
`selectively moving by one
`commercial time unit within said one
`of said plurality of television
`broadcasts in response to a received
`command.
`33. The method as recited in claim
`32 wherein said step of selectively
`moving comprises the step of
`engaging in catch-up viewing.
`
`
`
`
`FuboTV can receive a command from a user to selectively move forward in a television
`broadcast by a particular amount of time, including by one commercial time unit. For
`example, FuboTV’s video player controls allow the user to skip forward or backward
`nonlinearly: “While watching in your browser, there are little buttons to skip forward or back
`15 seconds.” https://www.businessinsider.in/fubotv-is-a-pricier-alternative-to-other-live-tv-
`streaming-services-like-sling-and-hulu-we-break-down-pricing-packages-and-what-its-like-
`to-use/articleshow/71209688.cms
`FuboTV’s skip-forward or skip-backward command is employable to achieve catch-up
`viewing: “While watching in your browser, there are little buttons to skip forward or back 15
`seconds.” https://www.businessinsider.in/fubotv-is-a-pricier-alternative-to-other-live-tv-
`streaming-services-like-sling-and-hulu-we-break-down-pricing-packages-and-what-its-like-
`to-use/articleshow/71209688.cms
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`26
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