Media monitoring service TVEyes will request to bring its legal battle with Fox News to the Supreme Court, The Hollywood Reporter reported Wednesday.

Fox News had sued the service five years ago, alleging it had made "verbatim reproduction" of its programming — a claim that courts have sided with.

The U.S. Court of Appeals for the 2nd Circuit ruled in February that TVEyes’s strategy of recording and then redistributing Fox News’s copyrighted content to its subscribers “deprives Fox of revenue that properly belongs to the copyright holder, TVEyes has failed to show that the product it offers to its clients can be justified as a fair use.”

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THR reported that TVEyes will move to challenge that ruling, and that attorney Todd Anten on Wednesday filed an application asking for more time to file a petition requesting that the Supreme Court take up TVEyes' case.

"This case presents an exceptionally important question regarding the proper construction of the Copyright Act’s fair-use defense, and in particular, the fourth fair-use factor—'the effect of the use upon the potential market for or value of the copyrighted work,'" Anten wrote, according to the magazine.

TVEyes records content on more than 1,000 channels and is used by organizations from professional sports leagues to the White House, THR reported.

Anten told the outlet that he plans to file a petition for a writ of certiorari on Sept. 12. The Supreme Court will then decide whether to take up the case.