While Apple had its fingers crossed and was probably wishing on stars, a federal judge isn't feeling it. U.S. District Judge Lucy Koh said on Monday that she could not rule on an Apple motion seeking a preliminary injunction against Samsung Electronics that would halt the sale of its Galaxy Tab 10.1 tablet in the U.S. because the appeals court still has jurisdiction on the case.

"The Court determines that it currently lacks jurisdiction to issue a preliminary injunction as requested by Apple because the Federal Circuit has not yet issued the mandate," Koh wrote, referring to the court's pending decision to rehear arguments.

The Federal Circuit upheld Koh's refusal to stop sales of three Samsung smartphones, but the decision left Apple with some wiggle room to try again at getting an injunction on the Galaxy Tab 10.1 product.

Apple cited a procedural exception that would allow the U.S. District Court to issue an injunction while an appeal is pending. But Koh said that the exception didn't apply.

"In this case, Samsung was engaged in selling the Galaxy Tab 10.1 at the time of the appeal. Thus, granting an injunction would prohibit Samsung from selling the Galaxy Tab 10.1, altering the respective rights of the parties and changing the status quo that existed at the time of the appeal."

The case is really about Apple's contention that Samsung's tablet copied designs from its devices and that the sale of the tablets is causing the company irreparable harm. A trial is scheduled for the end of July.