Apple has failed in its (second) attempt to ban the sale of a number of Samsung’s Galaxy phones and tablets in the U.S.

The case dates back to 2011, where Apple brought Samsung to court for allegedly violating its “scroll-back”, “tap-to-zoom”, and “pinch-to-zoom” patents. While Apple won the case and was recently awarded roughly $1 billion in damages, the judge denied Apple’s request to ban all U.S. sales of Samsung’s 23 infringing products.

Apple was granted the right to appeal that decision, but now Judge Lucy Koh has shot down that appeal attempt. The court stated that Apple was unable to prove that the technology offered through these patents was actually influencing people to buy Samsung’s devices.

But have no fear! If you like all of this Apple vs Samsung patent hooplah, the two companies will be going head to head in an unrelated patent case in a couple of weeks time.