After DISH lost the decision, they made a number of appeals, however TiVo won all of them. Even after losing the appeals, DISH continued to say that their software didn't infringe on TiVo's. DISH even took it to the supreme court, but was denied a certiorari, which is a decision to review the lower courts decision. Because of this, DISH will now pay the $104 million to TiVo, which was the original amount that the jury ordered after the 2006 decision, plus interest.
DISH has made a workaround on their DVR's which they believe is enough so as they don't violate Tivo's patent. The decision that was made however, does not effect this new workaround, and there is still an ongoing case on whether the new workaround violates this patent. DISH must be confident in this new workaround because if they again lose this case, it could have horrible effects for the company, especially after just losing $104 million. DISH may be forced into licensing agreements with TiVo if they want to keep their DVR's functioning.