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Scott Graham writes for The Recorder, an American Lawyer affiliate.

The Federal Circuit and U.S. District Judge Lucy Koh in San Jose are still not seeing eye-to-eye on injunctions.

On Monday, the appellate court in Washington, D.C., reversed Koh for the third time on enjoining Samsung from infringing Apple’s smartphone patents. The court ruled that Koh applied its new “causal nexus” standard for evaluating irreparable harm too strictly. The upshot is that Apple will get one more bite at stopping Samsung from selling certain phones and tablets found to infringe Apple’s touch screen patents.

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