in a contempt proceeding due to changes made during the redesign. The Federal Circuit disagreed and held that the District Court "used the proper standard in its analysis," the KSM test. The Federal Circuit concluded there was no "abuse of discretion in the court's decision to hold contempt proceedings," In addition, the Federal Circuit was persuaded that the District Court could find EchoStar in contempt of the Infringement Provision and that there was "clear and convincing evidence" to do so. With regards to the Disablement Provision, the Federal Circuit held a plain reading "would have provided EchoStar with notice of what is now being held in contempt;" furthermore, the chance to appeal the provision language has passed. The amendment to the permanent injunction which required EchoStar Crop. to seek pre-approval for any new design-around effort was affirmed. Dissenting Opinion (Circuit Judge Rader) Judge Rader argued the District Court's injunction was too broad and ambiguously worded. Furthermore, the dissenting opinion argued "TiVo should not be able to bootstrap its new, previously abandoned infringement theory to that [previous] verdict," because this "discourages good faith efforts to design around an infringement verdict." TiVo Inc. v. EchoStar Corp., No. 2009-1374 (Fed. Cir. April 20, 2011) (en banc) Majority Opinion (Circuit Judges Lourie, Newman, Mayer, Bryson, Moore, O'Malley, and Reyna; In Part Chief Circuit Judge Rader, Circuit Judges Gajarsa, Linn, Dyk, and Prost) EchoStar Corp. petitioned for a rehearing en banc by the Federal Circuit to challenge "the enforceability of the District Court's injunction based on overbreadth and vagueness." Upon review, the en banc Federal Circuit overruled the case which the KSM test was from, "we conclude that KSM's two-step inquiry has been unworkable and now overrule that holding of KSM." The en banc Federal Circuit replaced the KSM test with a straight "more than colorable difference test." As a result of the application of the new test, the en banc Federal Circuit vacated the District Court's finding of contempt for violating the Infringement Provision of the permanent injunction. However, the en banc Federal Circuit affirmed the District Court's holding with regards to the Disablement Provision; thus, affirming the District Court's finding of contempt. The en banc Federal Circuit found EchoStar Corp's arguments for overbreath and vagueness in the permanent injunction "unpersuasive." The original jury award was vacated; however, the contempt sanctions were affirmed. In addition, the District Court's holding of infringement provision contempt was