AMAZON.COM, INC. v. BARNESANDNOBLE.COM, INC.

No. 00-1109

239 F.3d 1343 (2001)

AMAZON.COM, INC., Plaintiff-Appellee, v. BARNESANDNOBLE.COM, INC., and Barnesandnoble.Com, LLC, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

DECIDED February 14, 2001


Attorney(s) appearing for the Case

Lynn H. Pasahow, McCutchen, Doyle, Brown & Enersen, LLP, of Palo Alto, California, argued for plaintiff-appellee. With him on the brief were J. David Hadden, of Palo Alto; and Beth H. Parker, Christopher B. Hockett, and Thomas S. Hixson, of San Francisco, from McCutchen, Doyle, Brown & Enersen, LLP. Of counsel was John R. Reese, McCutchen, Doyle, Brown & Enersen, LLP, of San Francisco, California. Of counsel on the brief were David J. Burman, Brian G. Bodine, and Jerry A. Riedinger, Perkins Coie, LLP, of Seattle, Washington.

Jonathan A. Marshall, Pennie & Edmonds LLP, of New York, New York, argued for defendants-appellants. With him on the brief were William G. Pecau, and Steven I. Wallach. Of counsel on the brief were Michael N. Rosen, and Mark J. Sugarman, Robinson Silverman Pearce Aronsohn & Berman LLP, of New York, New York. Of counsel was Stanton T. Lawrence III, of Pennie & Edmonds, of Washington, DC.

Before CLEVENGER, GAJARSA and LINN, Circuit Judges.


CLEVENGER, Circuit Judge.

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 web site called "Express Lane." BN resisted the preliminary injunction on several grounds, including that its Express Lane feature did not infringe the claims of...

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