Apple gets a run for their money.

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A.U.S judge denied Apple Inc’s request to seek a permanent injunction against Samsung Electronics company products following their patent litigation that began in 2011.

Late last year, a federal jury ordered Samsung to pay Apple$290 million in damages for infringing some of Apple patents. Apple had however sought a ban on Samsung’s products saying the monetary compensation wasn’t enough.

Judge Lucy Koh found that Apple had not adequately demonstrated that it would suffer irreparable harm if the 26 Samsung devices were not pulled from the market. Samsung’s tablets and smartphones resulting to the infringement of Apple’s products cost the later $1.05 billion judgment.

The verdict set by Judge Koh allows for fair competition in the marketplace and more room for consumer choice. Apple was unable to prove that; it suffered irreparable damage by having the products on the market, that remedies like damages are inadequate, the public interest would not be harmed by an injunction and depending on the balance of hardships between plaintiff and defendant, and remedy is rewarded in equity.

About 90% of the products reported to be among the infringed are no longer in the market which risks Apple in a tricky situation following the rule since Samsung could decide on getting the devices back to market.

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