Apple is appealing a judge's refusal to bar Samsung smartphones from the U.S. market after a jury found Samsung used some Apple technology without permission.
Apple's lawyers notified U.S. District Court Judge Lucy Koh on Thursday that the company would try to overturn her order with the appeal to the San Francisco-based 9th U.S. Circuit Court of Appeals.
Apple Inc. demanded the sales ban after a jury in August found Samsung Electronic Inc.'s had "infringed" six of Apple's patents in creating some two dozen smartphones. The jury ordered Samsung to pay Apple $1.05 billion.
On Monday, Koh rejected Apple's demand. She said Apple didn't prove that it lost sales to Samsung as a direct result of the patents involved in the case.
Koh is still considering whether to reduce, increase or keep the damage award at $1.05 billion.