A New Jersey marketing company has lost its appeal of a decision that barred it from pursuing claims that a company owned by Rupert Murdoch’s News Corp. hacked its computers to gain a competitive advantage and then falsely denied it in a prior lawsuit.

The U.S Court of Appeals for the Third Circuit affirmed a ruling by U.S. District Judge William Martini of the District of New Jersey in News America Marketing In-Store Services v. Floorgraphics on Aug. 13 in an opinion by Ninth Circuit Judge A. Wallace Tashima, joined by Third Circuit judges D. Michael Fisher and Robert Cowen.