3Com's Palm Computing, Inc. Wins Preliminary Injunction Against Olivetti Office USA, CompanionLink.SAN JOSE, Calif.--(BUSINESS WIRE)--Aug. 12, 1999-- Court Enjoins Sale, Distribution of DaVinci Handheld Organizer Based on Infringement of Palm Computing(R) Copyright 3Com Corporation (NASDAQ NASDAQ in full National Association of Securities Dealers Automated Quotations U.S. market for over-the-counter securities. Established in 1971 by the National Association of Securities Dealers (NASD), NASDAQ is an automated quotation system that reports on : COMS COMS 3Com Corporation (stock symbol) COMS Certified Orientation and Mobility Specialist COMS Continuous Opacity Monitoring Systems COMS City of Manchester Stadium (UK) ) today announced that on August 10, 1999, the United States District Court for the Northern District of California The United States District Court for the Northern District of California is the Federal district court whose jurisdiction comprises following counties: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa granted Palm Computing, Inc.'s Motion for Preliminary Injunction against further distribution, sale, import or export of Olivetti Office USA's "Royal daVinci" palm-size PDA (Personal Digital Assistant) A handheld computer for managing contacts, appointments and tasks. It typically includes a name and address database, calendar, to-do list and note taker, which are the functions in a personal information manager (see PIM). , and the daVinci OS Software Development Kit (SDK), distributed by CompanionLink Software, Inc. Specifically, the Preliminary Injunction prohibits Olivetti and CompanionLink "from directly or indirectly copying, importing, exporting, distributing, or selling in any medium (certain portions of the) copyrighted Palm OS(TM) source code, or object code, or any software derived therefrom." The injunction is to remain in effect pending the outcome of the lawsuit. Alan Kessler, president of Palm Computing, commented, "Palm's primary objective in this is to protect the integrity of our platform. We are gratified grat·i·fy tr.v. grat·i·fied, grat·i·fy·ing, grat·i·fies 1. To please or satisfy: His achievement gratified his father. See Synonyms at please. 2. that the courts in both the United States and Hong Kong have acted quickly to protect Palm's copyrights. Palm intends vigilantly to enforce our intellectual property rights against infringement or misappropriation misappropriation n. the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate, or by any ; this benefits the investment in Palm's platform and the products made by Palm's many licensees, over 18,000 Palm development partners, strategic alliance partners, employees, shareholders and our four million plus customers." In its ruling, the Court noted that Palm had "made a showing of likelihood of success on the merits on the merits adj. referring to a judgment, decision or ruling of a court based upon the facts presented in evidence and the law applied to that evidence. A judge decides a case "on the merits" when he/she bases the decision on the fundamental issues and considers " that portions of the copyrighted Palm OS operating system software were copied verbatim in the daVinci products, in violation of the United States copyright laws. The Court issued the Preliminary Injunction less than three weeks after Palm filed its copyright infringement action against Olivetti and CompanionLink on July 22, 1999, and obtained a Temporary Restraining Order temporary restraining order: see injunction. on July 23, 1999. Palm also initiated a copyright infringement action in Hong Kong on July 21, 1999, against Echolink Design Ltd., the company responsible for developing the operating system software contained in the daVinci products. The High Court of the Hong Kong Special Administrative Region A special administrative region may be:
Palm Computing, Inc., a 3Com company, is the leading provider of handheld information management solutions, including the best-selling Palm III, Palm V and Palm VII series of connected organizers. The Palm Computing platform is the industry standard for information management and is the open foundation for the market-leading connected organizers from Palm Computing as well as products from Palm Computing's strategic partners such as IBM, QUALCOMM, Franklin Covey and Symbol Technologies. Palm Computing products let people carry their most critical personal and business information in their pockets, and access it at any time, anywhere. For more information, please visit www.palm.com. |
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