Federal Circuit Affirms Without Opinion Under Rule 36 the PTAB Decisions in DISH's IPRs on Two Time Shifting Patents, Digital Broadcasting Solutions v. DISH.

The judgment

In Digital Broadcasting Solutions, LLC v. DISH Network L.L.C., Nos. 2025-1364, 2025-1365, and 2025-1430 (Fed. Cir. Nov. 5, 2026) (nonprecedential), the judgment reads: "PER CURIAM (DYK, CHEN, and CUNNINGHAM, Circuit Judges). AFFIRMED. See Fed. Cir. R. 36." Digital Broadcasting Solutions, LLC is the appellant, and DISH Network L.L.C. and DISH Technologies L.L.C. are the cross-appellants. The judgment states that the appeals are from the Patent Trial and Appeal Board in Nos. IPR2023-00976 and IPR2023-00977.

The Board's decisions

Both final written decisions are dated December 9, 2024 (Paper 23 in each proceeding). In IPR2023-00976, DISH challenged claims 1-19 of U.S. Patent 8,929,710 B2, titled "System and Method for Time Shifting at Least a Portion of a Video Program," issued January 6, 2015. The Board determined that DISH had shown claims 1-16, 18, and 19 unpatentable, and had not shown claim 17 unpatentable.

In IPR2023-00977, DISH challenged claims 1-20 of U.S. Patent 9,538,122 B2, titled "System and Method for Time Shifting at Least a Portion of a Program," issued January 3, 2017. The Board determined that DISH had shown all challenged claims, 1-20, unpatentable.

Affirmance without opinion

Federal Circuit Rule 36(a) provides that the court may enter a judgment of affirmance without opinion, citing the rule. The judgment in Nos. 2025-1364, 2025-1365, and 2025-1430 is an affirmance without opinion.