Fox Broadcasting Co. v. Dish Network L.L.C.

MEMORANDUM

Appellants Fox Broadcasting Company, Twentieth Century Fox Film Corporation, and Fox Television Holdings, Inc. (“Fox”) appeal from the district court’s order denying the motion for preliminary injunc-tive relief against appellees Dish Network, L.L.C., Dish Network Corporation, and EchoStar Technologies, L.L.C. (“Dish Network”) for alleged copyright infringément and breach of contract. As this is a preliminary injunction appeal, we review the district court’s decision for abuse of discretion. Fox Broadcasting Co. v. Dish Network, L.L.C., 747 F.3d 1060, 1066 (9th Cir.2014). Finding none, we affirm.

The district court denied Fox’s request for a preliminary injunction because it found that Fox had not shown a likelihood that Dish Network’s “Dish Anywhere” and “Hopper Transfers” technology would irreparably harm Fox before final adjudication. 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.

First, the district court’s irreparable harm analysis did not run afoul of eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 , 126 S.Ct. 1837 , 164 L.Ed.2d 641 (2006). The district court…