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Appealed from: United States District Court for the Western District of Washington

Judge Marsha J. Pechman

This is a patent infringement suit brought by Amazon.com, Inc. (“Amazon”) against barnesandnoble.com, inc., and barnesandnoble.com llc (together, “BN”). Amazon moved for a preliminary injunction to prohibit BN’s use of a feature of its website called “Express Lane.” BN resisted the preliminary injunction on several grounds, including that its Express Lane feature did not infringe the claims of Amazon’s patent, and that substantial questions exist as to the validity of Amazon’s patent. The United States District Court for the Western District of Washington rejected BN’s contentions. Instead, the district court held that Amazon had presented a case showing a likelihood of infringement by BN, and that BN’s challenges to the validity of the patent in suit lacked sufficient merit to avoid awarding extraordinary preliminary injunctive relief to Amazon. The district court granted Amazon’s motion, and now BN brings its timely appeal from the order entering the preliminary injunction. We have jurisdiction to review the district court’s order under 28 U.S.C. � 1292(c)(1) (1994).

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