To: Mama Bear who wrote (1763 ) 12/19/1997 11:45:00 PM From: Mama Bear Respond to of 3441
Cadence Design Press Release: SAN JOSE, Calif., Dec. 19 /PRNewswire/ -- Cadence Design Systems, Inc, (NYSE: CDN) today announced that the United States District Court in San Jose is issuing a preliminary injunction order preventing the "marketing, selling, leasing, licensing, copying or transferring of any (software) product or work copied or derived from Cadence's Design Framework II, specifically including, but not limited to, Avant's ArcCell, ArcCell BV, and ArcCell XO products" on the basis that the use of such code infringes on Cadence's copyrights. In addition, Judge Ronald B. Whyte ordered that Cadence's independent technical experts be allowed to examine all of Avant's re-named place-and-route products, including Aquarius and Apollo. Avant was ordered to produce source code for examination by January 15, 1998. As part of the injunction, Avant was ordered to notify all current and former licensees of Avant products that are based directly or indirectly on Cadence's software code, instructing them to return or destroy the products. Avant was also ordered to provide Cadence with a list of the names and addresses of all such customers. "This is a day of vindication for Cadence following a long and frustrating period of competing against our own technology in the marketplace," said Jack Harding, president and CEO of Cadence. "This decision gives us hope that justice will be served and we are optimistic it is the beginning of a complete process that will remove stolen Cadence software from the marketplace and punish the perpetrators at Avant. Once the legal system is allowed to focus on real facts, the correct results begin to emerge." In the hearing, Judge Whyte stated that the injunction is not limited to the ArcCell products, and that if any other Avant products are based on Cadence code, Avant is at risk of violating the order if it fails to take action with respect to those products -- which would place Avant in contempt of court. Earlier this year, Judge Whyte ruled that the process Avant used to revise ArcCell to the product currently called Aquarius was probably "inadequate" in terms of its thoroughness in removing Cadence code or derivatives of that code. Judge Whyte rejected Avant's request to submit further briefings on Aquarius, indicating he had enough information. The ruling paves the way for what Cadence ultimately seeks -- permanent injunctions against all tainted Avant products and associated monetary damages at a yet-to-be scheduled trial. The District Court also dismissed the counterclaim filed by Avant against Cadence in January 1996, due to a lack of specificity. Avant has been allowed 30 days to submit an amended version. However, any discovery and hearings on the amended counterclaim have been stayed until after the Cadence suit is resolved. About Cadence Cadence Design Systems, Inc. provides comprehensive services and technology for the product development requirements of the world's leading electronics companies. Cadence is the largest supplier of software tools and professional services used to accelerate and manage the design of semiconductors, computer systems, networking and telecommunications equipment, consumer electronics, and a variety of other electronic-based products. With more than 3,500 employees and 1996 annual sales of $742 million, Cadence has sales offices, design centers, and research facilities around the world. The company is headquartered in San Jose, Calif. and traded on the New York Stock Exchange under the symbol CDN. More information about the company, its products and services may be obtained from the World Wide Web at cadence.com . NOTE: Cadence is a registered trademark of Cadence Design Systems. Inc, The Cadence logo is a trademark of Cadence Design Systems, Inc. All others are properties of their holders. SOURCE Cadence Design Systems CO: Cadence Design Systems, Avant ST: California IN: CPR SU: 12/19/97 17:40 EST