The U.S. District Court for the Northern District of California has declined to dismiss a lawsuit filed against Barnes & Noble that claims the bookseller stole the design of the original Nook digital reading device. U.S. District Court Judge James Ware ruled that Spring Design, which produces the Alex eReader, a dual screen digital reader much like the original Nook, can pursue a suit charging B&N with misappropriating trade secrets, breach of contract and unfair competition.

In its suit, Spring Design says that it met with B&N prior to the release of the Nook to discuss a partnership with the retailer around the Alex eReader. However, after the release of the Nook in late 2009, Spring Design filed suit, claiming that B&N violated a nondisclosure agreement and copied the Alex eReader’s features for use in the Nook. Both devices feature a b&w e-ink screen and smaller color backlit screen and both run on Google’s Android operating system.