Avery Wins Round in 3M Suit

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Avery Dennison Corp. on Wednesday said that a judge rejected 3M Co.’s request for a preliminary injunction to stop Avery from selling a product that makes road signs easier to see at night – a potentially lucrative new line for the company.

St. Paul, Minn.-based 3M sued the Pasadena office product maker in June for patent infringement over Avery’s OmniCube reflective sheeting. But Minneapolis U.S. District Court Judge Michael J. Davis ruled that Avery had raised substantial questions about the patent’s validity.

Avery Dennison said the judge found that 3M had failed to demonstrate a likelihood of success in the case or that 3M would be “irreparably harmed” if Avery Dennison continued to sell the project pending a full trial on the matter.

A 3M spokeswoman told the Minneapolis Star-Tribune that her company was “disappointed” by the ruling but has not had time to review it.

Avery Dennison has argued in court that 3M unlawfully monopolizes the market for reflective sheeting. Avery Dennison, better known for pressure-sensitive office and mailing labels whose sales slumped during the recession, developed OmniCube to break into the highway and street signs market. The sheets contain specially designed prisms to increase the efficiency of light reflectivity.

Shares of Avery Dennison closed up 26 cents or 1 percent, to $42.47 on the New York Stock Exchange.

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