Motions in Magma-Synopsys Patent Case to be Determined Without Oral Argument; Court Ruling Acknowledges Magma as Owner of Record, Synopsys Might Demonstrate Co-Ownership.SANTA CLARA, Calif. -- Magma(R) Design Automation Inc. (Nasdaq:LAVA), a provider of semiconductor design software, today announced the U.S. District Court for the District of Northern California notified both Magma and Synopsys Inc. (Nasdaq:SNPS SNPS Space Nuclear Power System ) on Dec. 1 that a hearing on several motions scheduled for Dec. 2 was taken off the court's calendar. The court will rule on the motions based on written record provided by the companies. Magma continues to assert defenses and counterclaims in the patent dispute, including Magma's ownership interest in the patents in question. Although the court did not announce when it would rule on the bulk of the motions scheduled to be heard, it did issue a ruling on one of Synopsys' motions, a request to prevent Magma from seeking to have Magma's patents 6,453,446 and 6,725,438 (the '446 and '438 patents) re-examined by the U.S. Patent and Trademark Office (USPTO USPTO abbr. United States Patent and Trademark Office ) in view of the court's August 2005 claim construction ruling. In granting Synopsys' motion, the court affirmed that Magma is the owner of record owner of record See holder of record. but indicated that Synopsys may be able to demonstrate co-ownership of the patents. The court also noted this ruling does not preclude the USPTO or other parties from initiating re-examination of the patents. "We disagree with the court's ruling on re-examination -- it in effect puts us in a position of having to defend patents that, in light of the claim construction, may be invalid. But in any event, this decision doesn't affect a key issue in the case: Magma's ownership in these patents," said David Stanley, Magma's senior vice president, Corporate Legal. "This ruling is entirely consistent with our position that Magma has a rightful ownership interest in the '446 and '438 patents. Synopsys' claims of infringement are therefore without merit - we can't infringe our own patents." Synopsys claimed in a September 2004 lawsuit that Magma's '446 and '438 patents should belong to Synopsys -- on the basis that a former Magma employee named as an inventor on the patents had been involved in similar work while employed at Synopsys -- and that Magma is in fact infringing the patents. Synopsys has taken the position that some of the inventions claimed in the patents were conceived at Synopsys. But evidence indicates that Synopsys itself put those inventions into the public domain well before Magma applied for its patents. Further, Synopsys has been unable to deny that at least some of the patents' inventions were conceived by employees at Magma, giving Magma an ownership interest in the patents. "A major obstacle that Synopsys' lawyers don't seem to have found a path around is that Magma employees were inventors on these patents," Stanley said. "We therefore are owners of the patents. A lot of pleadings have been filed and arguments made by both parties in this case, but the fact remains that we can't infringe our own patents." The matters before the court include Magma's motion for summary judgment motion for summary judgment n. a written request for a judgment in the moving party's favor before a lawsuit goes to trial and based on recorded (testimony outside court) affidavits (or declarations under penalty of perjury), depositions, admissions of fact, answers of non-infringement on the basis that any ownership interest that Synopsys may have in the patents results from a joint development effort with IBM (International Business Machines Corporation, Armonk, NY, www.ibm.com) The world's largest computer company. IBM's product lines include the S/390 mainframes (zSeries), AS/400 midrange business systems (iSeries), RS/6000 workstations and servers (pSeries), Intel-based servers (xSeries) (NYSE NYSE See: New York Stock Exchange :IBM). Magma asserts that IBM has a joint ownership interest in the patents and that Magma is licensed under IBM's rights. Also, as a matter of law, a claim of infringement requires that all owners of a patent join in the assertion of the patent. IBM has declined to do so, as it must, and thus Synopsys' claim of patent infringement patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver. should be dismissed. The court will also rule on Synopsys' motions seeking to prevent certain actions by Magma on the basis of estoppel A legal principle that bars a party from denying or alleging a certain fact owing to that party's previous conduct, allegation, or denial. The rationale behind estoppel is to prevent injustice owing to inconsistency or Fraud. . Filings, court orders and other documents relevant to this matter are available on the Magma website at www.magma-da.com/PatentLitigation.html. About Magma Magma is a leading provider of software for semiconductor design. The world's top chip companies use Magma's EDA (1) (Electronic Design Automation) Using the computer to design, lay out, verify and simulate the performance of electronic circuits on a chip or printed circuit board. products to design and verify complex, high-performance integrated circuits (ICs) for communications, computing, consumer electronics and networking applications, while at the same time reducing design time and costs. Magma provides software for IC implementation, analysis, physical verification Physical verification A procedure auditors use to ensure that inventory recorded in the book is correct by actually checking out the physical inventory. , characterization and programmable logic design, and the company's integrated RTL-to-GDSII design flow offers "The Fastest Path from RTL (Register Transfer Level) A high-level hardware description language (HDL) for defining digital circuits. The circuits are described as a collection of registers, Boolean equations, control logic such as "if-then-else" statements as well as complex event sequences; to Silicon"(TM). Magma is headquartered in Santa Clara, Calif. with offices around the world. The company's stock trades on Nasdaq under the ticker symbol LAVA. Visit Magma Design Automation Magma Design Automation (NASDAQ: LAVA) is a software company in the electronic design automation (EDA) industry. The company was founded in 1997 and maintains headquarters in San Jose, California. on the Web at www.magma-da.com. Magma is a registered trademark and "The Fastest Path from RTL to Silicon" is a trademark of Magma Design Automation Inc. All other product and company names are trademarks or registered trademarks of their respective companies. FORWARD-LOOKING STATEMENTS: Except for the historical information contained herein, the matters set forth in this press release are forward-looking statements within the meaning of the "safe harbor" provisions of 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. These forward-looking statements are subject to risks and uncertainties that could cause actual results to differ materially, including risks inherent in 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. . Further discussion of these and other potential risk factors may be found in Magma's public filings with the Securities and Exchange Commission (www.sec.gov). Magma undertakes no additional obligation to update these forward-looking statements. |
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