To: FJB who wrote (525 ) 9/9/1999 9:54:00 AM From: dr_elis Read Replies (1) | Respond to of 668
News from the legal battle CDN vs. AVNT: (donït know about the significance of the ruling, comments welcome) Avant! Wins Significant Legal Victory Cadence's Trade Secret Claim in Upcoming Trial Barred by Release, Federal Judge Rules FREMONT, Calif., Sept. 8 /PRNewswire/ -- Avant! Corporation (Nasdaq: AVNT - news) announced today that United States District Court Judge Ronald M. Whyte has ruled that Cadence's trade secret claim in the upcoming trial against Avant! is barred by a Release signed by Cadence in 1994. Judge Whyte found ``that Cadence did release any trade secret claim it had based upon Avant!'s alleged use of Cadence's Design Framework II ('DFII') source code prior to the date of the release and continuing thereafter.' The court also ruled that the 1994 Release bars all Cadence copyright claims arising before the date of the Release, but allowed Cadence to proceed with copyright claims arising after the date of the Release. The upcoming trial will deal with Cadence's claim regarding DFII; certain other Cadence claims have been stayed by the court and will be tried at a later date. ``This is a significant legal victory for Avant!,' said David Stanley, Avant!'s general counsel. ``The court's ruling eliminates Cadence's trade secret claim against Avant! in the upcoming trial. With its trade secret claim gone for this trial, Cadence is no longer eligible to receive punitive damages even if it prevails on its remaining copyright claim. We are pleased the court has confirmed the merit of Avant!'s position.' In ruling that ``Cadence's trade secret claim is barred,' the court decided that ``Cadence's current claims for trade secret misappropriation based upon the post-release use of the DFII source code are barred by the June 6, 1994 Agreement and that Avant! is entitled to summary adjudication to that effect.' The court's ruling that the 1994 Release only bars Cadence's copyright claims arising before the date of the Release makes it likely that Avant! Will not prevail on the copyright claim concerning Avant!'s discontinued ArcCell product. While the ruling also increases the likelihood that Cadence will prevail on its copyright claim concerning Avant!'s Aquarius product, Avant! believes it has additional meritorious defenses with respect to Aquarius. Avant! no longer sells the ArcCell or Aquarius products. The ruling has no impact on Apollo, Avant!'s current place-and-route tool.