hardware claims; however, the court affirmed the judgment of infringement due to the software claims. The District Court's permanent injunction, stayed during the appeal proceeding, was placed back into effect. Soon after the appeal concluded, TiVo Inc. motioned to hold EchoStar Corp in contempt of the permanent injunction. The District Court utilized the two-part test for patent infringement established in KSM Fastening Systems, Inc. V. H.A. Jones Company, Inc. The crux of this test involved determining whether there is "more than a colorable difference" between the original infringing product and the redesign. EchoStar claimed significant changes to their DVR system in order to be compliant with the ruling. The key changes to the system were replacing the infringing event detection system with "start code detection was replaced by statistical estimation, a method which EchoStar characterized as an indexless system and a brute-force search method." The court determined that EchoStar Corp's software redesign still infringed TiVo Inc. '389 patent; thus, EchoStar was held in contempt of the Infringement Provision of the permanent injunction. Furthermore, the District Court held that EchoStar Corp never complied with the Disablement Provision of the permanent injunction. Therefore, EchoStar Corp was held in contempt and sanctioned. EchoStar Corp. appealed the judgment of contempt to the Federal Circuit. The court was unmoved by EchoStar Corp's arguments and affirmed the District Court's judgment with a 2–1 ruling, EchoStar then motioned for a rehearing en banc. Upon review, the en banc Federal Circuit determined the KSM test was unworkable and instituted a new test for post-infringement contempt proceedings. The en banc Federal Circuit vacated and remanded the judgment on the Infringement Provision of the permanent injunction. However, the judgment of contempt with respect to the violation of the Disablement Provision was affirmed. Thus, EchoStar was held to be in contempt of the permanent injunction with a 7–5 ruling. On April 29, 2011, the companies reached a $500 million settlement whereby EchoStar Corp. agreed to license DVR technology from TiVo Inc. In addition, all pending litigation was to be dismissed with prejudice and all injunctions dissolved. However, the en banc Federal Circuit appeal was not dismissed because a decision was reached before the settlement. Consequently, the parties were "free upon remand…to request that the District Court dismiss the complaint and vacate its previously imposed sanctions" due to the settlement. Timeline TiVo Inc. v. EchoStar Corp. stretched from January 2004 to April