Boole & Babbage Announces that Platinum Technology Amends Complaint.SAN JOSE San Jose, city, United States San Jose (sănəzā`, săn hōzā`), city (1990 pop. 782,248), seat of Santa Clara co., W central Calif.; founded 1777, inc. 1850. , Calif.--(BUSINESS WIRE)--Jan. 25, 1999--Boole & Babbage, Inc. (Nasdaq:BOOL) today announced that on Friday, January 22, 1999, the Circuit Court of the Eighteenth Judicial Circuit Chancery Division, Dupage County, Wheaton, Illinois granted a motion filed under seal by Platinum Technology, Inc. (Nasdaq:PLAT) for leave to amend its Complaint. Platinum is now seeking damages after, earlier this month, withdrawing its original Motion For Preliminary Injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits. A preliminary injunction is regarded as extraordinary relief. , canceling the hearing on that Motion, dropping its claims against BMC Software, Inc., and abandoning its efforts to enjoin To direct, require, command, or admonish. Enjoin connotes a degree of urgency, as when a court enjoins one party in a lawsuit by ordering the person to do, or refrain from doing, something to prevent permanent loss to the other party or parties. the merger with BMC Software. No trial date has yet been set, but the Court did set April 14, 1999 as the date for a hearing on Platinum's motion to dismiss Boole's counterclaim A claim by a defendant opposing the claim of the plaintiff and seeking some relief from the plaintiff for the defendant. A counterclaim contains assertions that the defendant could have made by starting a lawsuit if the plaintiff had not already begun the action. against Platinum. Boole continues to believe that the claims by Platinum are misleading and without merit and intends to continue to vigorously defend itself against such claims. Boole continues to believe that the BMC (BMC Software, Inc., Houston, TX, www.bmc.com) A leading supplier of software that supports and improves the availability, performance, and recovery of applications in complex computing environments. merger agreement is in the best interests of its stockholders. Except for any historical information contained herein, the matters discussed in this news release are forward-looking statements that involve risks and uncertainties, including (a) risks and uncertainties relating to the Platinum Technology litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. described on form 8-K Form 8-K The form required by the SEC when a publicly held company incurs any event that might affect its financial situation or the share value of its stock. Form 8-K See 8-K. filed on January 8, 1999, (b) the likelihood and timing of the proposed transaction between Boole and BMC, and (c) risks and uncertainties detailed from time to time in Boole's SEC reports, including its Form 10-K Form 10-K A report required by the SEC from exchange-listed companies that provides for annual disclosure of certain financial information. Form 10-K See 10-K. Annual Report for fiscal 1998 and the Form S-4 Registration Statement relating to the BMC merger, filed by BMC on November 13, 1998. About Boole & Babbage Boole & Babbage is a leader in application service level management for distributed systems. Its Enterprise Automation product lines provide a flexible and scaleable set of solutions used by many Fortune 1000 companies to centralize all the IT operations, including systems, applications, databases, middleware, and Web technologies, into a coherent business view to reduce overall business costs. Founded in 1967 and named after two 19th Century forerunners to the modern computing industry (George Boole -- of Boolean algebra and Charles Babbage -- the Babbage Computing Machine) the Company today is the oldest publicly-traded independent software vendor in the systems management industry with revenues of $226 million in calendar 1998, 970 employees and 43 offices in 26 countries. |
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