Dish scored another legal victory against Fox over the Hopper's ability to automatically skip commercials.
The Ninth Circuit Court of Appeals Friday unanimously turned down Fox's petition to rehear the case before the full court, upholding a ruling in July that declined to grant Fox a preliminary injunction against the Hopper.
The Hopper, which allows Dish subscribers to easily skip prime-time commercials, has broadcasters up in arms. Fox is just one of the broadcasters suing Dish for devising what they call an unlicensed, unauthorized service that infringes on copyright and breaches existing contracts.
Dish's evp and general counsel Stanton Dodge called the ruling a "victory for Amrican consumers.... We are proud to have stood by their side in this important fight over the fundamental rights of consumer choice and control," he said in a statement.
Fox's case against Hopper continues to trial.
"We are disappointed in the decision, but recognize that preliminary injunctions are rarely overturned on appeal," Fox said in a statement. "This ruling was based on a factual record from more than a year ago. Now that we have gathered more evidence, we are confident that we will ultimately prevail on all of our claims."