A federal appeals court has granted Dish Network a rare, full-court (so-called 'en banc'”) review of a ruling it had earlier lost to TiVo, that could have resulted in the satellite TV company disabling millions of digital video recorders.

However, the US Court of Appeals review is a last straw effort as damages mounted. TiVo first sued Dish in 2004 for patent infringement over technology that stores and retrieves video on DVRs. Dish has already lost one case on appeal and paid TiVo $104.6 million in damages.

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