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Pasadena, Calif.-based Avery Dennison can continue selling its OmniCube retroreflective sheeting that is used for highway and road signage. Chief Judge Michael Davis of the U.S. District Court in Minnesota has denied 3M's request for a preliminary injunction to block sales of the Avery Dennison product.

A marketing photo of Avery Dennison's OmniCube retroreflective sheeting.

3M's motion for the preliminary injunction was part of a patent infringement lawsuit filed by St. Paul, Minn.-based 3M against Avery Dennison last June. In denying 3M's request to halt the sale of OmniCube, Judge Davis said that Avery Dennison had raised a substantial question of validity concerning patents in the case.

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 the OmniCube product. The company developed the sheeting material mainly for highway and street signs to reflect light back to drivers of all-sized vehicles at virtually any sight angle.

In response to 3M's original injunction request concerning OmniCube, Avery Dennison had charged that 3M was unfairly monopolizing markets for the reflective product.

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