NEW YORK ( TheStreet) -- U.S. District Court Judge Lucy Koh denied Apple's ( AAPL) latest motion for a permanent injunction against Samsung but has ruled that the company must still pay Apple $938 million in damages.
In an unexpected move, Koh ruled against Apple's latest bid for a ban of its main competitor's products because the company had not proved its infringed-upon patents actually raise consumer demand for Samsung products.
"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."
Apple shares were off 0.03% to $532.18 in trading Thursday.
The original jury trial, back in the summer of 2012, included long-forgotten Samsung smartphones and tablets. In the years since the original verdict, both sides have petitioned the court to reconsider the penalties as well as consider including newer designs like the Galaxy S III, Galaxy Note II and Apple's fourth-generation iPad and iPad mini when determining final damages.
According to Foss Patents, the ruling came after Samsung petitioned the court to consider that Apple itself had actually disclosed confidential licensing information it claimed Samsung had revealed to the public.
Back in December, a federal appeals court ruled in Apple's favor concerning the permanent injunction that Judge Koh had denied. The company then went back to Koh to have her take a second look at the software patents involved. After disclosures were alleged by both sides, the judge decided against enforcing any permanent injunction.
Of course, Apple can appeal Thursday's ruling if it can find a reason for another review by the Federal Circuit report. But the decision also gives Samsung a chance to appeal the underlying liability issues and the final judgment in the case. The ruling upholds the total of $929 million in damages which was decided after a partial retrial last November.
Follow all this so far? It's going to get even more complicated next week. Beginning on March 13, the next Apple vs. Samsung trial begins in Northern California. It's set to last two weeks. Both sides will be battling over a second set of patents.
Koh already has voided two of Samsung's possible patents claims leaving the company with a total of four to discuss in the next trial. Apple will be allowed to claim five patents have been infringed.
-- Written by Gary Krakow in New York.
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