Judge rules Avery Dennison can continue to sell OmniCube
Thursday, December 30, 2010
Press release from the issuing company
Pasadena, CA - Avery Dennison Corporation announced today that Chief Judge Michael J. Davis of the United States District Court in Minnesota has denied 3M's request for a preliminary injunction in Case 0:10-cv-02630-MJD-FLN that attempted to block Avery Dennison's OmniCube product from competing in the marketplace for retroreflective sheeting.
The motion for preliminary injunction was part of a patent infringement lawsuit filed by 3M against Avery Dennison last June. In denying 3M's request to preliminarily enjoin the sale of Omnicube, Judge Davis stated that Avery Dennison had raised a substantial question of validity with respect to the patents at issue. In addition, the Court found that, given 3M's failure "to demonstrate a likelihood of success on the merits and that 3M will be irreparably harmed, the balance of harms and public interest tips in favor of Avery Dennison."
Avery Dennison is free to continue to sell Avery Dennison OmniCube, which is retro-reflective sheeting material developed by the company primarily for highway and street signs to reflect light back to the drivers of all-sized vehicles at virtually any sight angle.
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