District Court Judge Lucy Koh, responsible for the Apple-Samsung trial, refused Monday evening to lift the three-month-old preliminary injunction forbidding Samsung to sell its Galaxy Tab 10.1 in the US.

She said she didn't have jurisdiction and bounced the issue to the Court of Appeals for the Federal Circuit but told the appeals court that Samsung's motion raises "substantial issues" that must be addressed and anticipated the appeal court kicking the question back to her.

The jury that awarded Apple over $1 billion in damages didn't find that the Samsung tablet infringed Apple's patents probably because it didn't grasp the law of unregistered design patents, an oversight Samsung is trying to take advantage of. Apple wants that part of the verdict overturned and a permanent injunction entered.

Because of her decision, the hearing set for September 20 was cancelled. The issue of the other eight products Apple wants enjoined will be taken up on December 6.