Fox Broadcasting lost its attempt to enjoin Dish Network’s “Hopper,” “Primetime Anytime,” and “Autohop” ad-skipping DVR services, with the appeals court declining to review the matter.

The 9th Circuit U.S. Court of Appeals voted unanimously Friday to deny the broadcaster’s petition for a rehearing.

That means that Fox’s suit against Dish now proceeds at the trial court level, where the broadcaster said Friday they are confident they will “ultimately prevail on all of our claims.”

Fox is one of several broadcasters suing Dish claiming that the Hopper DVR service violates copyrights because it is an unlicensed on-demand service.

Back in September, U.S. District Court Judge Dolly Gee in Los Angeles denied Fox’s initial motion for the injunction, which the broadcaster appealed to the full Ninth Circuit—what’s referred to as an “en banc” hearing. it was that request that was denied on Friday.

As Brief reported back in October, it wasn’t the first time that Fox had gone to the Ninth Circuit in its fight against Dish, which multiple broadcasters are waging in pursuing in multiple courtrooms. In September a federal judge in New York denied ABC’s similar request for an injunction against the satellite provider.

The Ninth Circuit’s decision on Friday will give the green light to the other broadcasters’ suits, which had been waiting to see how the appeals court would proceed.

Fox could appeal the Ninth Circuit’s decision to the U.S. Supreme Court, but court watchers have expressed reservations about their chances to succeed with the request in Washington.

Read More: The Hollywood Reporter

Brief Take: With the trial court already expressing reservations about Fox’s chances of prevailing, the broadcaster and others are going to have to work quickly to adapt to a changing industry if they want to spend their cash on luring customers and not pricey lawyers.

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