Apple appeals ruling over Samsung ban

• Apple gave notice of appeal in Samsung injunction denial
• Samsung late Monday had won a denial of a permanent injunction
• The move puts the case in the hands of the U.S. Court of Appeals for the Federal Circuit

SAN FRANCISCO -- Apple today filed notice of appeal in its battle with Samsung, in which a judge this week denied its injunction request.

The highly anticipated move comes after U.S. District Court Judge Lucy Koh late Monday rejected Apple's request, stating the company has not been able to show that Samsung's actions support a ban of its products.

Apple is taking the matter to the U.S. Court of Appeals for the Federal Circuit along with "all other orders, rulings, findings, and conclusions underlying and related to that order," according to the court filing.

Judge Koh stated Monday, "Apple's evidence does not establish that any of Apple's three design patents covers a particular feature that actually drives consumer demand."

The judge's ruling came after a San Jose jury in August found Samsung violated six of Apple's patents and awarded a whopping $1 billion in damages. Jurors had sided with Apple in deciding that Samsung had violated key designs covering iPads and iPhones.

Apple shares closed 0.87% lower at $521.73.