The broadcasters’ desire to shut Aereo down could end up at the nation’s highest court. “The 2nd circuit’s denial of our request for an ‘en banc’ hearing, while disappointing was not unexpected.  We will now review our options and determine the appropriate course of action, which include seeking a hearing in the U.S. Supreme Court and proceeding to a full trial on the merits of the case,” said Fox in a statement today after another swing at the copyright infringement case was rejected this morning (read it here) . In April, the court said  a U.S. District judge was right last year to refuse broadcasters an injunction against the controversial service that streams broadcasters’ over-the-air signals to its subscribers. This latest move in the broadcasters’ battle with the Barry Diller-back Aereo comes less than a week after the service was slapped with another copyright suit by the Hearst-owned ABC Boston affilate. Aereo expanded to Boston in mid-May. The same month, Aereo filed a suit in New York court to stop CBS from going after them in Boston and other cities the service intends to start up in over the 12 months. Unsurprisingly, CBS filed right back to dismiss that suit.

Deadline's Dominic Patten - tip him here.