41.   The Linnens and American Home Products settled the suit after it went to trial.

42.   The suit now goes back to federal court, where it likely will be dismissed, said lawyer Robert Sugarman, who represented the magazine.

43.   They said the industry is expected to fight hard to get the suit thrown out and said it has some persuasive defenses even if the suit goes forward.

44.   U.S. District Judge William Orrick Jr. allowed the suit to go forward, but decided the independent booksellers cannot win damages if they prevail.