The US Court of Appeals for the Federal Circuit has once again denied an appeal by the Dish Network in light of a legal victory by TiVo, filings show. TiVo contends that Dish DVRs violate a software patent it holds, connected to split recording and viewing; the latter company has protested this however, and fought not only the initial verdict of a lower court, but also the outcome of its first federal appeal. In the wake of this second appeal, the Federal Circuit's decision is final and Dish has little to no legal recourse.

As a consequence, Dish will have to pay TiVo at least $94 million in damages, and possible as much as $200 million, depending on a future judicial ruling. The biggest penalty may come in the form of licensing, as Dish will either have to pay TiVo a regular fee for the use of its technology, find a replacement, or halt DVR sales altogether. [via Thomas Hawk's Digital Connection]