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Apple fails to win permanent ban of Samsung products

Judge Lucy Koh has denied Apple's renewed request for a permanent ban of 23 Samsung smartphones and tablets.


Apple has lost the latest round in the ongoing patent war with archrival Samsung.

In the long-running feud between the two companies, Apple had filed a renewed request to permanently ban 23 Samsung devices found to have infringed on its patents. But early Thursday, Judge Lucy Koh denied Apple's request, ruling that the iPhone maker "has not established that it is entitled to the permanent injunction it seeks," according to a court document.

Still, all is not rosy for Samsung. Koh also upheld the $290 million in additional damages awarded to Apple by a jury last November. At the time, Samsung had argued that it owed Apple only $52 million more in damages on top of the $640 million upheld by Koh from the original $1.05 billion judgment in 2012.

But add $290 million and $640 million, and Samsung will have to shell out $930 million to Apple -- not too far off from that original $1.05 billion total. That's assuming the current damage amount stands.

Apple can appeal the decision, but Samsung can also appeal the "underlying liability issues," according to Foss Patents' Florian Mueller. After denying Apple's request, Koh said that either company could appeal any parts of the final judgment, Mueller added.

While they mull over the decision to appeal, the two combatants are headed back to the courtroom this month to argue over a different set of allegedly infringing devices. Apple CEO Tim Cook and Samsung mobile chief Shin Jong-Kyun met last month to try to hammer out their differences. But the two failed to find a peaceful settlement, setting the stage for the next round in the seemingly never-ending patent war.