Court Allows Significant Expansion of Kintera's Trade Secret Theft and Copyright Infringement Lawsuit Against Convio.Business Editors SAN DIEGO--(BUSINESS WIRE)--Feb. 3, 2003 Court Also Allows Kintera to Begin Discovery Including Depositions, Interrogatories Written questions submitted to a party from his or her adversary to ascertain answers that are prepared in writing and signed under oath and that have relevance to the issues in a lawsuit. and Production of Documents On Jan. 27, 2003, the U.S. District Court for the Southern District of California held an in-court hearing and allowed a significant expansion of the Kintera Inc. trade secrets theft and copyright infringement Noun 1. copyright infringement - a violation of the rights secured by a copyright infringement of copyright plagiarisation, plagiarization, piracy, plagiarism - the act of plagiarizing; taking someone's words or ideas as if they were your own lawsuit against Convio Inc. The court ruled in favor of Kintera's motion to add new copyright and trespass claims against Convio. Earlier, Kintera, a provider of software and services to the nonprofit sector, filed a motion to add additional claims after the company received new information about Convio's trespass and copyright infringement. These new claims are in addition to Kintera's multiple existing claims against Convio for trade secret theft, copyright infringement and unfair competition. The court has also ruled that Kintera may now proceed with discovery. Accordingly, Kintera will now take depositions of parties and witnesses under oath, serve interrogatories and request for documents. "I am pleased that the court has ruled in favor of Kintera to expand our lawsuit," said Harry Gruber, 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 Kintera. "Recently, we received new information regarding Convio's 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 of Kintera's intellectual property, and we asked the court to consider these new claims. We can now carefully evaluate the Convio employee complaints in the light of other people's testimony regarding employees, documents and source code and receive appropriate remedies from Convio." Michael Rahman, Kintera's chief Intellectual Property counsel, added, "The court's decision allows us to immediately proceed with discovery. Kintera will now depose To make a deposition; to give evidence in the shape of a deposition; to make statements that are written down and sworn to; to give testimony that is reduced to writing by a duly qualified officer and sworn to by the deponent. Convio employees and other witnesses under oath and under penalty of perjury perjury (pûr`jərē), in criminal law, the act of willfully and knowingly stating a falsehood under oath or under affirmation in judicial or administrative proceedings. . Kintera will also subpoena subpoena (səpē`nə) [Lat.,=under penalty], in law, an order to a witness to appear before a court. A subpoena ad testificandum [Lat. Convio and other witnesses to produce relevant documents. The court's ruling clearly moves the case forward and allows Kintera to prove its case against Convio for intellectual property theft." For more information, please visit Kintera's Intellectual Property information Web page at www.kintera.com/IntellectualProperty. About Kintera Inc. Kintera is the leading Web-based platform provider offering online software and related services to the nonprofit sector. The company's Knowledge Interaction solutions help volunteers, members, donors and staff share real-time data and information to foster a powerful sense of community. Kintera's proven Internet innovations such as Kintera Sphere(TM) and Friends Asking Friends(R) allow organizations to focus on their mission, not on their technology. Now nonprofits, faith-based groups, educational institutions, associations and others in the nonprofit sector can use Kintera's complete Web-based solutions to build communities, manage contacts, distribute communications, develop content and run reports. For more information and an online demo, visit Kintera at www.kintera.com. This release contains information about future expectations, plans and prospects of Kintera Inc. and constitutes forward-looking statements for purposes of the 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. provisions under 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. |
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