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Strategies & Market Trends : Roger's 1997 Short Picks
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To: Timoteo who wrote (5513)9/23/1997 5:26:00 PM
From: Franco Battista   of 9285
 
Avant! News.
Federal Court Blocks Sale of Avant! Software

A federal appeals court in San Francisco today overturned a ruling that spared Avant! Corp. from withdrawing a major portion
of its software from sale pending a copyright infringement suit by Cadence Design Systems.

The 9th U.S. Circuit Court of Appeals held that a San Jose trial judge erred when he took into account the "devastating" impact
that would be felt by Avant! if he granted Cadence's demand for a preliminary injunction against sale of the allegedly plagiarized
products.

U.S. District Court Judge Ronald Whyte had concluded that Cadence was likely to succeed at trial on its claim that the
company's copyrighted source code was lifted by Avant! to create competing software products used to design computer
chips. But Whyte decided to permit Avant! to continue to market its products and allow Cadence to proceed with a claim for
money damages for lost sales. The appeals court ruled that the judge's interpretation of the law would gut copyright actions by
forcing companies into involuntary licensing agreements with the competitors they have sued for infringement. The appeals
panel ordered Whyte to issue a preliminary injunction barring the sale of Avant!'s ArcCell products, and to consider blocking
the sale of Avant!'s replacement software Aquarius. Cadence claims the Aquarius software also infringed its copyright.

B.Tansey1150a9/23/97

Posted: Tue Sep 23 11:53:48 PDT 1997
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