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Strategies & Market Trends : Roger's 1997 Short Picks

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To: vegetarian who wrote (8709)12/21/1997 10:01:00 PM
From: Brad Davies  Read Replies (2) of 9285
 
M. Carter, Re: AVNT
As a lawyer, based solely on my reading of the press releases, I would say we are approaching the end game on the Avant/CDN lawsuit with respect to the injunction issues. Judge Whyte denied Avant's attempt to delay further with discovery proceedings, and granted CDN access to the Acquarius code. My instinct tells me Judge Whyte wants to make sure he has been given sufficient evidence to base his future injunction of Acquarius on. Given the long convoluted history of these proceedings, and the clear direction from the appeal court, and the tight timeline set for the future hearing, I think it highly likely that, given the evidence that he needs (an affidavit from an expert that the Acquarius code is based on stolen code), that Judge Whyte will issue the injunction against all future iterations of the software. After that CDN will have to have a hearing to establish the damages suffered. That may take another 6 months.
In the meantime, though, these legal events have to have a chilling effect on AVNT customers, who cannot now comfortably use their software for fear of getting caught up in this legal mess.
I also noticed that a senior officer resigned last week. The first one off the ship... These events must be having an effect on their employees as well. The smarter ones will not want to be tainted by the criminal activities of the senior level officers.
I'm hoping for a bounce tomorrow so I can add to my position

Regards
Ron
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