A federal appellate court is refusing to stay a Utah district court ruling that Aereo must halt its offering of digital streams of broadcast signals in the Salt Lake City and Denver market.

A three-judge panel of the 10th Circuit Court of Appeals ruled Friday that Aereo had not “made a strong showing that it is likely to succeed on the merits. Nor has Aereo demonstrated that the other factors weigh in its favor.”

Aereo had filed an emergency motion to stay U.S. District Court Judge Dale A. Kimball’s order last month granting broadcasters a preliminary injunction to halt the startup’s digital streams of their signals throughout the 10th Circuit.

On April 22, the Supreme Court will hear oral arguments in broadcasters’ challenge to Aereo, after the 2nd Circuit Court of Appeals ruled in favor of Aereo and upheld a lower court’s refusal to grant a preliminary injunction that would have halted the digital streaming in the New York market.

An Aereo spokeswoman said they were “disappointed in the 10th Circuit Court of Appeals 2:1 decision denying our request to stay the injunction in the 10th Circuit. We believe Aereo’s individual, cloud-based antenna and DVR technology falls squarely within the law and we look forward to presenting our case to the U.S. Supreme Court.”

 

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