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Technology Stocks : Avant (AVNT)
AVNT 30.59+0.7%Nov 28 9:30 AM EST
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To: Brad Davies who wrote (963)10/13/1997 6:20:00 PM
From: PMylnar   of 3441
 
AVNT/CDN legal timing. I believe the following timeline is as close as one can get.

Although the Ninth Circuit Court of Appeals made its ruling overturning the District Courts decision on enjoining ArcCell on Sept 23rd, the issue stays in the Appeals Court for 2 weeks (around October 7th, don't ask me why). Assuming AVNT doesn't request a rehearing in the appeals court(yea right), the issue of enjoining Aquarius gets pushed back to Judge Whyte. Given that 1)Aquarius didn't exist at the time that CDN filed its original motion for enjoining ArcCell, 2)that neither CDN nor AVNT briefed Judge Whyte on Aquarius issues during the first hearing, and 3)Judge Whyte took issue w/Aquarius' "clean-room" procedure (trade secret not copywrite infringement, ask a real lawyer to explain) one would expect that Judge Whyte would allow/demand for discovery to take place on the Aquarius code. Given the briefing process and the technical nature of the code, one would expect this process to take anywhere from 8-12 wks (2 wks/brief CDN+AVNT=approx 4 wks + discovery (4-8 wks if new technical expertise is sought). All told, expect the Aquarius issue to be settled no sooner than late November 97 (hardly "1 month" as J. Costello said, but hopefully a lot faster than the first go-round).
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