remanded "to make a finding concerning any colorable difference between the previously adjudicated infringing devices and the newly accused devices" using the new test laid out in this case. Dissenting Opinion (Chief Circuit Judge Rader; and Circuit Judges Gajarsa, Linn, and Prost) The dissenting opinion focused on the Disablement Provision of the permanent injunction, which argued that the finding of contempt should have been reversed outright. "In my view, the disablement provision does not bar the installation of modified software that renders the devices non-infringing, and, even if the provision were unclear, an unclear injunction cannot be the basis for contempt." In addition, the dissenting opinion argued this case should not be remanded to the lower court due to the Infringement Provision since "that provision plainly was not violated." Precedent established As a result of the en banc ruling of the Federal Circuit, a new test to determine whether an adjudged infringer can be held in contempt for continued infringement was implemented. This new test replaced the old two-step KSM test from the 1985 decision in KSM Fastening Systems, Inc. V. H.A. Jones Company, Inc. The new test "raised the bar for proving that defendant committed contempt" by requiring that a patentee show "the elements found infringing in the original product without significant change in the redesign." The KSM test required that the original and redesign were "generally similar." In addition, the patentee must "show that the defendant's redesigned product infringes upon the same patent claims as the original product." References United States Court of Appeals for the Federal Circuit cases United States patent case law 2011 in United States case law Dish Network TiVo