Avant! (AVNT) - Hi Mom, I'm in JAIL!! Message Board

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Technology Stocks : Avant! (AVNT) - Hi Mom, I'm in JAIL!!

AVNT 31.25

-0.8%

Dec 31 3:59 PM EST

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To: Hedge who wrote (39)	9/23/1997 10:22:00 PM
From: Peter Bernhardt	of 53

AVNT is looking very weak technically, coming down off a double top. Add to that this news item, and we could see a big drop tomorrow . . . << SAN FRANCISCO, Sept 23 (Reuter) - A federal appeals court Tuesday overturned a lower court's ruling that spared Avant! Corp from withdrawing a major portion of its software from sale pending a copyright infringement lawsuit by Cadence Design Systems. The Ninth Circuit Court of Appeals in San Francisco held that a San Jose, Calif., trial judge erred when he took into account the "devastating" impact that would be felt by Avant! if he granted Cadence's demand for prelimiary injunction against the sale of allegedly plagiarized software products. Both companies sell software that helps engineers design the intricate layouts of computer chips. Cadence sued Avant! for allegedly stealing some of its copyrighted source code to create new software products, including Aquarius-BV and Aquarius-XO. In March, a trial court judge concluded that Cadence was likely to succeed at trial on its claim that the company's copyrighted source code was lifted by Avant!, but the judge decided to permit Avant! to continue to market its products and allow Cadence to proceed with a claim for monetary damages for lost sales. But the federal appeals court said the trial court judge was wrong. "The District Court erred by assuming that an injunction would be improper even if the Aquarius software infringed on Cadence's copyrighted source code," the appeals court wrote in the opinion issued Tuesday. The appeals court ruled that the judge's interpretation of the law would gut copyright actions by forcing companies into involuntary licensing agreemens with competitors they have sued for infringement. Aside from reversing the trial court ruling, the appeals court also ordered the judge to consider blocking the sale of Avant!'s Aquarius software. A spokesman for Avant! Corp declined comment on the appeals court's reversal because he said he had not yet seen a copy of the ruling. A spokesman for Cadence was not immediately available for comment. Avant! was formed in 1991 when four engineers left Cadence to form their own company. Other Cadence employees also left for Avant, allegedly bringing with them chunks of Cadence programming. 17:35 09-23-97 >>

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