Apple made a similar request last year to U.S. District Judge Lucy Koh in San Jose, California, as part of a broader patent dispute over smartphones and tablets. She rejected the proposed injunction in December.

The U.S. Court of Appeals for the Federal Circuit in Washington said May 14 Apple can pursue its efforts to halt sales of the Samsung tablet in the U.S. while the infringement case is awaiting trial. The appeals court disagreed with Koh’s ruling in December that Apple failed to show it was likely to win its case on the merits, according to Apple’s May 18 filing.

“The court can and should enter a preliminary injunction against sales of the infringing Galaxy Tab 10.1 without further hearing,” Apple said in the filing. “Each day that Samsung continues to sell its infringing Tab 10.1 causes additional harm to Apple through design dilution, lost sales, lost market share, and lost future sales of tag-along products.”