The U.S. District Court in Los Angeles committed...
The U.S. District Court in Los Angeles committed no “abuse of discretion” when it denied Fox the preliminary injunction it sought against features of Dish Network’s Hopper DVR service, the 9th U.S. Circuit Court of Appeals ruled Monday, upholding the…
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district court’s September denial (CD July 15 p17) . The district court denied Fox’s injunction request because it said Fox “had not shown a likelihood” that the “Dish Anywhere” and “Hopper Transfers” features “would irreparably harm Fox before final adjudication,” said 9th Circuit (http://1.usa.gov/1qDwAUb). “Contrary to Fox’s arguments in this appeal, the district court committed no legal error and made no clearly erroneous factual findings in so ruling.” The lower court also “did not commit legal error by characterizing the irreparable harm forecasts of Fox’s executive as speculative,” said the 9th Circuit. Instead, the lower court said Fox’s “lack of evidence that the complained-of technology, available for several years, had yet caused Fox’s business any harm weighed against Fox’s argument that it would be irreparably harmed absent a preliminary injunction,” said the 9th Circuit. “In so finding, the district court did not hold Fox’s evidence to a more rigorous standard than our law requires and so did not abuse its discretion.” Moreover, “in light of the evidence that advertisers are adapting to the changing landscape of television consumption,” the lower court committed no “clear error” when it found lack of evidence to support Fox’s assertion it would lose ad revenue from the Dish technologies “absent an injunction,” the appeals court said.