Dish Network Corp., the second largest U.S. satellite-television broadcaster, lost a bid for rehearing of patent win by TiVo.
The U.S. court of Appeals for the Federal Circuit said it would not rehear the case, either before the original three judge panel or the full circuit in Washington.
Early this year in January, the Federal Circuit upheld a $74 million damage award, which is now valued at $94 million, and ordered that Dish, formerly EchoStar Communications, stop providing its digital video recorder service.
Dish said in January it had changed its services and that it was no longer infringing the TiVo patent.
TiVo shares increased by 4.8 percent or 40 cents to $9.20 in Nasdaq Stock Market trading.
Dish dropped by 2.3 percent to $30.89.
Under the U.S. patent law, TiVo, the pioneer of DVRs that let TV viewers skip commercials, has a right to ask the trial judge in Marshal, Texas, to rule that the current version of Dish's DVR service also infringes the patent.
TiVo's time wrap patent covers technology that lets users record a TV program and play back at the same time to allow like instant pausing or replay.
Dish is the second largest U.S. satellite TV broadcaster after DirecTV Group Inc.