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Borland and WebGain Settle Patent Dispute.


Business Editors/High-Tech Writers

SCOTTS VALLEY, Calif.--(BUSINESS WIRE)--July 29, 2002

Borland Software Corp. (Nasdaq:BORL) today announced that Borland and WebGain, Inc. have settled their pending patent 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.
.

Under the terms of the settlement agreement, WebGain has agreed to dismiss its suit which had sought a ruling from the Court that their Visual Cafe A family of Java development products formerly from the WebGain division of Symantec and sold to TogetherSoft Corporation in 2002, which was acquired by Borland in 2003. Versions for Windows and the Macintosh were available that included a host of Java components and features for rapidly  and Structure Builder products did not infringe six Borland patents and which alleged that such patents were invalid. Borland has also agreed to dismiss its 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 WebGain, which alleged that WebGain's Visual Cafe and Structure Builder products infringed seven Borland patents. While both dismissals were without prejudice Without any loss or waiver of rights or privileges.

When a lawsuit is dismissed, the court may enter a judgment against the plaintiff with or without prejudice. When a lawsuit is dismissed without prejudice
, each of the parties has agreed that, prior to July 1, 2006, it will not initiate any legal proceedings All actions that are authorized or sanctioned by law and instituted in a court or a tribunal for the acquisition of rights or the enforcement of remedies.  against the other relating to relating to relate prepconcernant

relating to relate prepbezüglich +gen, mit Bezug auf +acc 
 the infringement, validity or enforceability of the seven patents in dispute. This non-assertion covenant A Non-Assertion Covenant is a declaration of non-enforcement by Sun Microsystems for its U.S. and foreign patents against any implementation of the Open Document Format for its Office Applications. It offers an effective model for software industrial standards.  terminates prior to July 1, 2006 if a number of events occur including, without limitation, a change in control of WebGain. Pursuant to the settlement agreement, neither party will receive any damages or reimbursement of costs or fees from the other. Further details of the settlement are not being disclosed.

"As we said a year ago, we were disappointed that WebGain had decided to resort to legal action rather than pursue an equitable resolution through a licensing agreement as we offered in the spring of 2001," said Dale L. Fuller, president and CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board.  of Borland. "Given the uncertainty surrounding WebGain's future, we believe the settlement is good for both parties and we are pleased that we were able to resolve this litigation so that we can avoid the continuing costs, time, uncertainty and distractions of a lengthy legal battle and, most importantly Adv. 1. most importantly - above and beyond all other consideration; "above all, you must be independent"
above all, most especially
, focus on meeting the needs of our customers.

"Borland has been a leader in the creation of market leading, best-in-class development environments since the company was founded almost 20 years ago. Over the past two decades, we have invested millions of dollars to design products that increase developer productivity and reduce time to market for software projects for the enterprise, and today we have nearly 100 issued U.S. patents in our intellectual property portfolio. As this litigation demonstrated, Borland is serious about protecting its intellectual property, and we will continue to take the necessary steps to safeguard these valuable assets," Fuller concluded.

About Borland

Borland Software Corp. is a leading provider of technology used to develop, deploy and integrate software applications. Delivering best-in-class technology solutions dedicated to interoperability, Borland allows enterprises of all sizes to move into Web based Coming from a Web server. See Web application.  computing while leveraging legacy systems. From the Fortune 1000 to the Borland Developer Network comprised of millions of developers around the world, Borland provides customers the freedom to develop applications, deploy them anywhere, and integrate and manage them across the enterprise. Borland solutions enable organizations to increase productivity and deliver higher performance projects faster and on budget, while lowering total cost of ownership.

Founded in 1983, Borland is headquartered in Scotts Valley, Calif. with operations worldwide. To learn more, visit Borland at http://www.borland.com, the community site at http://community.borland.com, or call Borland at 800/632-2864.

All Borland brand and product names are trademarks or registered trademarks of Borland Software Corp., in the United States and other countries. All other marks are the property of their respective owners.

Safe Harbor Safe Harbor

1. A legal provision to reduce or eliminate liability as long as good faith is demonstrated.

2. A form of shark repellent implemented by a target company acquiring a business that is so poorly regulated that the target itself is less attractive.
 Statement

This release contains "forward-looking statements" as defined under the Federal Securities Laws, including the Private Securities Litigation Reform Act The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and  of 1995. All statements that are not historical are forward-looking. Forward-looking statements may relate to, but are not limited to, Borland's future financial performance, capital expenditures, revenues, acquisitions, earnings, costs, product development plans, global expansion plans, estimated size of potential customer markets, demand for Borland's products, the projected acceptance by existing or potential customers of new technologies and the potential features of, or benefits to be derived from, the products developed, marketed or sold by Borland, market and technological trends in the software industry and various economic and business trends. Such forward-looking statements are based on current expectations that involve a number of uncertainties and risks that may cause actual events or results to differ materially. Factors that could cause actual events or results to differ materially include, among others, the following: general economic factors and capital market conditions, general industry trends, the potential effects on Borland of competition in computer software product and services markets, growth rates Growth Rates

The compounded annualized rate of growth of a company's revenues, earnings, dividends, or other figures.

Notes:
Remember, historically high growth rates don't always mean a high rate of growth looking into the future.
 in the software and professional services markets that Borland participates in, rapid technological change that can adversely affect the demand for Borland's products, shifts in customer demand, market acceptance of new or enhanced products or services developed, marketed or sold by Borland, delays in scheduled product availability dates, actions or announcements by competitors, software errors, reduction in sales to or loss of any significant customers, the ability to successfully integrate acquisitions, Borland's ability to protect its intellectual property rights, the dependence of certain of Borland's business units on licenses from third parties, Borland's ability to attract and retain qualified personnel and Borland's failure to reduce costs. These and other risks may be detailed from time to time in Borland's periodic reports filed with the Securities and Exchange Commission, including, but not limited to, its latest Annual Report on 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.
 and its latest Quarterly Report on Form 10-Q Form 10-Q

See 10-Q.
, copies of which may be obtained from www.sec.gov. Borland is under no obligation to (and expressly disclaims any such obligation to) update or alter its forward-looking statements whether as a result of new information, future events or otherwise.
COPYRIGHT 2002 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2002, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Geographic Code:1USA
Date:Jul 29, 2002
Words:924
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