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Synopsys' Filing for Re-Exam of Its Own Patents Does Not Cure Antitrust, Magma Says; Ignored Key Prior Art, Attempted to Enforce Fraudulently Obtained Patents.


SANTA CLARA, Calif. -- Synopsys Inc.'s filing in U.S. district court Monday and a related filing with the U.S. Patent and Trademark Office are "too little, too late" attempts to avoid the consequences of its antitrust violations, as Synopsys failed to cite key prior art in patent applications and attempted to enforce invalid patents against Magma(R) Design Automation Inc., Magma said in a statement today.

Magma (Nasdaq:LAVA), a provider of semiconductor design software, said the motion Synopsys (Nasdaq:SNPS SNPS Space Nuclear Power System ) filed Jan. 23, 2006 in the U.S. District Court for the District of Delaware, seeking to bifurcate To divide into two.  the case and stay Magma's antitrust claims, is a belated attempt to delay trial on the antitrust injury it caused in asserting the invalid U.S. patents 6,434,733 and 6,766,501 (the '733 and '501 patents). Further, Magma said, Synopsys' Jan. 9, 2006 filing with the U.S. PTO PTO
abbr.
1. Parent Teacher Organization

2. or p.t.o. please turn over

3. power takeoff


PTO or pto please turn over

Noun 1.
 for a re-examination of Synopsys' own patents reveals Synopsys' ongoing efforts to defraud the U.S. PTO.

The prior art omitted in Synopsys' '733 and '501 patent applications includes a paper entitled "Layout-Driven Scan Chain Partitioning and Reordering re·or·der  
v. re·or·dered, re·or·der·ing, re·or·ders

v.tr.
1. To order (the same goods) again.

2. To straighten out or put in order again.

3. To rearrange.

v.
," presented at the 1996 Institute of Electrical and Electronics Engineers Not to be confused with the Institution of Electrical Engineers (IEE).

The Institute of Electrical and Electronics Engineers or IEEE (pronounced as eye-triple-e
 (IEEE (Institute of Electrical and Electronics Engineers, New York, www.ieee.org) A membership organization that includes engineers, scientists and students in electronics and allied fields. ) European Test Workshop -- a panel chaired by the very Synopsys employee who is named as an inventor of the '733 and '501 patents. Synopsys also omitted a paper entitled "Scan Insertion Criteria for Low Design Impact," presented at the 1996 IEEE VLSI VLSI: see integrated circuit.


(1) (Very Large Scale Integration) Between 100,000 and one million transistors on a chip. See SSI, MSI, LSI and ULSI.

(2) (VLSI Technology, Inc., Tempe, AZ, www.semiconductors.
 Test Symposium, and two of the patents' named inventors are listed as reviewers for that conference. Synopsys and its patent lawyer knew of this paper while processing a related patent application but failed to tell the U.S. PTO about it while processing the '733 and '501 patent applications. As Magma pointed out in an Oct. 19, 2005 filing with the U.S. district court, this was a violation of Synopsys' duty of good faith and candor, and it makes all claims of these patents unenforceable.

In its Jan. 23 filing with the U.S. district court, Synopsys again fraudulently claimed it "was previously unaware" of this specific prior art. "Synopsys has now failed, after two separate opportunities, to accurately explain the existence of prior art it clearly knew about," said David Stanley, Magma senior vice president, Corporate Affairs. "No reasonable person could make that mistake twice."

"It seems Synopsys refuses to acknowledge two key facts," Stanley continued. "First, that it submitted patent applications that failed to cite all relevant prior art, making the resulting patents unenforceable. Second, that in attempting to enforce fraudulently obtained patents against Magma it violated U.S. antitrust law antitrust law

Any law restricting business practices that are considered unfair or monopolistic. Among U.S. laws, the best known is the Sherman Antitrust Act of 1890, which declared illegal “every contract, combination…or conspiracy in restraint of trade or
. It cannot avoid the consequences of those actions simply by asking the U.S. PTO to re-examine re·ex·am·ine also re-ex·am·ine  
tr.v. re·ex·am·ined, re·ex·am·in·ing, re·ex·am·ines
1. To examine again or anew; review.

2. Law To question (a witness) again after cross-examination.
 its own patents. Frankly, Synopsys cannot escape the fact these new filings are too little, too late."

Synopsys' recent court filings continue its pattern of attempting to enforce invalid patents to gain an unfair business advantage, Magma said, a pattern that began in September 2004 when Synopsys filed a lawsuit in U.S. District Court for the Northern District of California to enforce U.S. patent 6,378,114 (the '114 patent), another patent that issued without Synopsys having cited relevant prior art. After the existence of this prior art became known, the U.S. PTO agreed in September 2005 to re-examine the validity of the '114 patent. The U.S. PTO, in its ruling on the '114 re-examination, stated, "Accordingly, a substantial new issue of patentability, which has not been previously addressed, has been raised by the submission of the aforementioned references," and "All claims are subject to re-examination."

Interestingly, Synopsys' Code of Ethics Code of Ethics can refer to:
  • Ethical code, a code of professional responsibility, noting what behaviors are "ethical".
  • Code of Ethics (band), a 90's Christian New Wave/Pop band
 and Business Conduct, published on the Synopsys website, asserts in a quote by its chief executive officer that "Integrity has long been a hallmark of Synopsys. It characterizes everything we do. In fact, it is our first core value." Magma's Stanley observed that this policy "seems not to apply to Synopsys' lawsuits, U.S. PTO filings and court filings."

Magma and Synopsys have been embroiled em·broil  
tr.v. em·broiled, em·broil·ing, em·broils
1. To involve in argument, contention, or hostile actions: "Avoid . . .
 in 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.
 since 2004. In July of that year Magma, based on publicly available information, learned that Synopsys products were apparently infringing a number of Magma's patents, and attempted to discuss its concerns with Synopsys. Instead of responding to that request for a dialogue Synopsys raced to file a lawsuit in the U.S. District Court for Northern California, claiming Magma's patents should be the property of Synopsys and that Magma infringes them. In a subsequent action, Synopsys filed the Delaware lawsuit, in violation of antitrust law.

Industry observers have interpreted Synopsys' use of litigation as nothing more than an effort to disrupt the business of its smaller rivals, and a recent survey of the market concurs. In a poll taken after a Synopsys users group meeting late last year, one such observer, John Cooley, moderator of the E-Mail Synopsys Users Group (ESNUG ESNUG E-Mail Synopsys Users Group ) and the DeepChip website, asked respondents what changes they would make if they were to become the new 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 Synopsys. Unprompted responses published at www.deepchip.com included "Stop the lawsuit against Magma"; "Concentrate on their (Synopsys') customers and not taking rivals to court"; and "(Stop) the litigation circus -- it is embarrassing." These and similar statements are available at www.deepchip.com/items/snug05-19.html.

"Magma has always maintained that all companies and individuals are entitled to protect their rightful intellectual property, and we take all possible steps to ensure that proper respect is paid to not only Magma's IP, but also that of our customers, partners and competitors," said Magma President and Chief Operating Officer Chief Operating Officer (COO)

The officer of a firm responsible for day-to-day management, usually the president or an executive vice-president.
 Roy E. Jewell. "But these recent acts seem to confirm that Synopsys appears less interested in protecting rights than in utilizing the legal system in increasingly desperate attempts to prop up its declining market share."

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, 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. 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.
COPYRIGHT 2006 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2006, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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