Apple is likely feeling a wee bit disappointed today, as a U.S. federal judge rejected the company’s request to ban a bunch of Samsung devices from being sold in the U.S. — devices that a judge already ruled infringed on Apple’s patented designs. Meanwhile the judge also denied Samsung a retrial, which it had been seeking by claiming jury misconduct on the part of the foreman in last summer’s proceedings.

The company scored a huge hit, or so it seemed, against Samsung this past summerwhen a jury ruled it had willfully infringed on Apple’s patents. After its victory in August Apple released a list of eight Samsung devices it wanted banned, whittled down from the original number of 28.

Despite making a decision on those two topics, the judge hasn’t ruled yet whether the $1.05 billion the jury ordered Samsung to pay will go up by more than $500 million, which is what Apple wants, or will be decreased, which of course, is what Samsung hopes, notes Fortune.

The judge ruled against Apple’s request saying it hadn’t proved that the company would suffer “irreparable harm” from the sale of the rival Samsung products.

“Apple’s evidence does not establish that any of Apple’s three design patents covers a particular feature that actually drives consumer demand,” the judge wrote (via USA Today), adding as well, “The Court further found that though there was some evidence of loss of market share, Apple had not established that Samsung’s infringement of Apple’s design patents caused that loss.”

Basically, Apple didn’t prove that consumers changed their minds and bought Samsung products instead of the Apple products those designs infringed upon, something that’s known as the “causal nexus.”

Apple will probably appeal, as it sees the causal nexus obstacle too hard to overcome for any U.S. company trying to ban importation of devices that infringe on its patents.

Judge denies Apple request to ban sale of Samsung devices [Fortune]

Judge denies Apple request to ban Samsung phones [USA Today]

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