A California judge this week denied Apple’s request to ban almost two dozen Samsung gadgets in the companies’ ongoing patent battle.

Judge Lucy Koh ruled that Apple failed to prove that those who bought Samsung gadgets did so because of the patented technology that’s at issue in this case: scrolling “bounce back” technology, pinch-to-zoom tech, and double tap to zoom tech.

“Apple bears the burden to prove that these three touch-screen software features drive consumer demand for Samsung’s products,” Judge Koh wrote in her decision. “Apple has not met this burden.”

Koh pointed to consumer surveys conducted by Samsung and Apple that covered what buyers found important when buying a smartphone. “Not a single market research study conducted outside of the context of litigation even asks about the patented features,” the judge wrote.

As a result, Apple could not prove that Samsung’s use of that technology caused Cupertino “irreparable harm,” as is required before a judge could issue an injunction.

The case in question dates back to April 2011, when Apple sued Samsung for patent infringement. In Aug. 2012, a California jury awarded Apple $1.05 billion in the case (which was later reduced to about $930 million), and Apple asked that infringing Samsung devices be banned in the U.S. In Dec. 2012, however, Judge Koh decided that Apple had not adequately demonstrated that it would suffer irreparable harm if 26 Samsung devices were not pulled from the market, and declined to impose a ban.

A year later, a U.S. appeals court ordered Judge Koh to review her Dec. 2012 decision after concluding “that the district court abused its discretion in its analysis.” But Judge Koh has stuck by her original decision.

Of course, the issue is a rather moot point because the now 23 products in question are old and no longer on the market. But in requesting the injunction, Apple said it was necessary because “Samsung frequently brings new products to market” and a ban would allow Apple to better address new devices should the company feel that they, too, infringe on Apple’s existing patents.

Samsung and Apple will get a chance to argue over newer gadgets at another trial set to begin later this month, which is also overseen by Judge Koh.