Dive Brief: 

• Fox Broadcasting was unsuccessful in its preliminary injunction against Dish Network utilizing the ad-skipping functions of its DVR Hopper. 
• Although Fox was unable to stop Dish Network's use of the Hopper for now, the judge did rule that the network could pursue a trial against Dish Network. 
• This is Dish Network's fourth win against this type of legal action. Since the launch of the Hopper's ad-skipping features, all major networks have filed a suit against Dish Network. 

Dive Insight: 

If history predicts the future, Dish Network will likely continue to prevail over the network suits. Dish knows they have a powerful product for consumers and we predict they will continue to fight the claims. It will be curious to see how it plays out eventually as the networks do make a valid point that a product like the Hopper is a real threat to their business, but there are a lot of things threatening the TV ad business that do not inspire lawsuits.