In November 2013 however, the U.S. Court of Appeals for the Federal Circuit ruled that Judge Koh would be required to reconsider her decision to not ban Samsung devices that infringed on Apple products. In December, Apple formally filed another motion calling for a U.S. ban on Samsung products.
Now, FOSS Patents reports that Judge Koh has denied Apple's new bid calling for a U.S. ban on Samsung products, stating that the company has not proved that its infringed upon patents drive consumer demand for Samsung devices.
To persuade the Court to grant Apple such an extraordinary injunction—to bar such complex devices for incorporating three touchscreen software features—Apple bears the burden to prove that these three touchscreen software features drive consumer demand for Samsung’s products. Apple has not met this burden.The ruling comes ahead of a second patent lawsuit between Apple and Samsung set to begin on March 13, 2014. Notably, Samsung will only be allowed to have four patent claims to bring to the trial, as Judge Koh voided two of its patent claims in January. Apple will be able to bring all five of its patent claims to the trial.