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By Paul Biba

stop.jpegThis is the expected result. On November 3 we reported that Spring Design had sued B&N for misappropriating its intellectual property by releasing the Nook. Well, they also went ahead and asked the court for a preliminary injunction to stop Nook sales. Today the court denied this request.

This is not unusual. A preliminary injunction is designed to stop something happening immediately. It is only granted if there is a clear showing of immediate harm to the plaintiff and if there are no real facts in issue. It is an extraordinary remedy which is not often granted. In this case the court found that there was no immediate harm being done and that a lot of facts were in dispute.

The fact that the preliminary injunction was denied says nothing about the future of the case. There will still be a trial and an injunction, along with damages, could be granted at a later date. We’ll just have to wait and see.

 
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