A federal appeals court has denied Fox’s bid to immediately shut down the Dish Anywhere streaming platform. Instead, the United States Court of Appeals for the 9th Circuit thinks that the broadcaster's issues with the service are best sorted out through a trial.

Fresh off of its victory over TV startup Aereo, Fox argued that Dish “engages in virtually identical conduct when it streams Fox's programming to Dish subscribers over the Internet—albeit also in violation of an express contractual prohibition—has repeatedly raised the same defenses as Aereo which have now been rejected by the Supreme Court.”

Fox asked the 9th Circuit to impose a preliminary injunction, one that would put a halt to the service—but the court declined to do so. Fox's request is part of a broader case that will take far longer to complete.

In a short four-page opinion, the judges found that Fox’s claim that it would be “irreparably harmed” without an immediate block to Hopper—a service that has been around since January 2012—was not credible. According to Multichannel News, one of the judges in the Hopper case noted that in the Supreme Court’s Aereo decision, the justices outlined numerous caveats saying that the decision applied narrowly to Aereo, implying that it wouldn't apply to a company like Dish.

“Today’s decision is the fifth in a string of victories for consumers related to our Hopper Whole-Home DVR platform,” R. Stanton Dodge, Dish's executive vice president and general counsel, said in a statement.

“Dish is pleased that the Court has sided again with consumer choice and control by rejecting Fox’s efforts to deny our customers access to the Dish Anywhere and Hopper Transfers features. Last year, the Ninth Circuit also rejected Fox’s attempt to block customers from using the AutoHop and PrimeTime Anytime features. We will continue to vigorously defend consumers’ right to choice and control over their viewing experience.”

The underlying case, Fox et al v. Dish et al, will continue to move towards a trial set to begin in federal court in Los Angeles on January 13, 2015.