Nassda Clarifies Federal and State Litigation Developments
SANTA CLARA, Calif.--(BUSINESS WIRE)--Jan. 10, 2003--Nassda
Corporation (Nasdaq:NSDA) today commented on recent rulings and
opinions in its litigation with Synopsys, Inc. During the last several
weeks, the courts issued orders in the cases in California federal and
state courts.
In the federal action, the U.S. Patent Office recently determined
that prior art relating to one of Synopsys' products, which was not
previously disclosed to or considered by the Patent Office, created a
"substantial" question as to whether the patent which Synopsys is
asserting against Nassda (U.S. Patent No. 5,878,053) is valid. Based
on this determination, the Patent Office has decided to "reexamine"
the patent. Because the Patent Office could narrow, invalidate or
otherwise change Synopsys' patent claims during the reexamination
process, the Federal Court recently issued an order staying Synopsys'
patent infringement action against Nassda in its entirety until the
reexamination process has been completed.
With respect to the California state court action, the discovery
referee recently issued orders, some of which were in favor of Nassda,
some of which were not. Nassda disagrees with certain of the discovery
referee's rulings. These rulings created "rebuttable presumptions" in
favor of Synopsys on certain evidentiary issues to sanction Nassda for
erasure of certain computer files requested in discovery by Synopsys.
These rulings mean that Nassda must prove at trial that it did not
take or use Synopsys' source code or other confidential information,
rather than the usual requirement for Synopsys provide such proof.
However, none of these rulings resolves any of the claims made by
Synopsys in the case and the trial judge or jury can reach their own
conclusions based upon the evidence presented at trial. Nassda will
present evidence at trial and show that it did not take or use
Synopsys' trade secrets.
Synopsys' attorneys have had access to Nassda's proprietary source
code to HSIM for over a year, including documentation detailing the
creation of Nassda's HSIM product, and have not identified to Nassda
or the Court any specific evidence showing that anyone at Nassda used
Synopsys' source code.
"Contrary to recent reports in the press, no Synopsys source code
has been found on any Nassda computer," said An-Chang Deng, President.
"No Synopsys source code has been located within Nassda or in its
products because Nassda and its founders did not take or use it.
Nassda intends to vigorously defend itself and believes that the
evidence at trial will show that Synopsys' claims against it lack any
merit."
"Nassda is a technology leader, not a follower," said Sang Wang,
CEO. "Nassda's technologies are truly innovative and not based on any
competitor's proprietary technology. This is demonstrably true based
upon any fair comparison of Nassda's products against its competition.
The industry continues to adopt Nassda's new-generation capabilities
as its nanometer solutions because Nassda's technology is truly
innovative, not derivative. Synopsys' decision to use litigation and
marketing tactics instead of innovations to compete will ultimately
disappoint its users."
About Nassda
Nassda Corporation (Nasdaq:NSDA) is a fast-growing provider of
full-chip circuit verification software for complex nanometer
semiconductors. Headquartered in Santa Clara, California, the company
develops and markets simulation and analysis solutions for advanced
ICs, especially for analog, mixed signal, memory, system-on-chip and
high-speed digital designs. Nassda's products enable first silicon
success, and improve product quality and production yield for its
consumer, communication, computer, and memory customers. The company
has sales and distribution offices throughout the world. For more
information about Nassda, please visit the company's website at
http://www.nassda.com.
Forward Looking Statements
This press release contains forward-looking statements regarding
the outcome of the litigation between Nassda and Synopsys that are
made pursuant to the safe harbor provisions of the Private Securities
Litigation Reform Act of 1995. Forward-looking statements are
generally preceded by words that imply a future state, such as
"expects" or "anticipates," or that imply that a particular future
event or events will occur, such as "will," "remain," "may," or the
negative of these terms. Investors are cautioned that all
forward-looking statements in this release involve risks and
uncertainty, including without limitation, the outcome of pending and
future motions and other court proceedings, as well as the results of
any trial or appeal. These risks, uncertainties and other factors may
cause the outcome of any motion, proceeding or case to differ
materially from those expressed or implied by the forward-looking
statements.
Forward-looking statements are only predictions and the actual
events or results may differ materially. Nassda cannot provide any
assurance that its future results will meet expectations. In addition,
historical information should not be considered a predictor of future
performance. Neither Nassda nor any other person assumes
responsibility for the accuracy and completeness of these
forward-looking statements. Nassda disclaims any obligation to update
information contained in any forward-looking statement.
For additional information and considerations regarding the risks
faced by Nassda, see its Annual Report on Form 10-K, as filed with the
Securities and Exchange Commission.
Nassda is a registered trademark of Nassda Corporation.
CONTACT: Nassda Corporation
Graham Bell, 408/562-9168
gbell@nassda.com
or
Lee Public Relations
Gloria Nichols, 650/363-0142
gloria@leepr.com