( ESNUG 535 Item 7 ) -------------------------------------------- [01/22/14]
Subject: SCOOP -- Judge dismisses CDNS vs. BDA lawsuit "with prejudice"
BDA WINS CDNS LAWSUIT: Since this was a life-or-death lawsuit that would
have completely wiped out Berkely DA, the fact that it was DISMISSED means
that BDA won. ("Hey! We're not dead! Yaaay!")
U.S. District Court
Northern District of California
Oakland Division
NOTICE OF DISMISSAL
Cadence
(plaintiff)
vs.
Berkeley DA and
DOES 1 - 25 inclusive
(defendants)
CASE NO. 4:13-cv-01539-YGR
It is hereby stipulated by and between plaintiff Cadence
and defendant Berkeley DA that pursuant to Federal Rules
of Civil Procedure rule 41(a)(1)(A)(ii), this action is
dismissed with prejudice.
Each party shall bear its own costs and attorneys' fees.
Date: January 21, 2014
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And although I'm not a lawyer, there's some obvious good news buried in this
dense legalese:
- Notice that BOTH Berkeley AND those 25 "Does" (the yet to
be named user companies) benefit from this dismissal.
This means NO CUSTOMERS can later be sued for this case!
- A civil matter which is "dismissed with prejudice" is over
forever. This is a final judgement, not subject to further
action, which bars the plaintiff from bringing any other
lawsuit based on the claim. -- from Wikipedia.com
This means Cadence can't sue anyone again for this case!
In short, now that the CDNS lawyer games are finally over, both BDA and CDNS
can get back to gaining and keeping customers the old fashioned way -- by
making better analog/custom/SPICE tools that customers want to buy. Yay! :)
- John Cooley
DeepChip.com Holliston, MA
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Editor's Note: Roughly 4 hours after I first published this, both Cadence
and BDA put the same terse press release on their home web pages:
"As part of the settlement, BDA and Cadence signed a multi-year
agreement to support interoperability between BDA's Analog
FastSPICE (AFS) Simulator and Cadence's Virtuoso ADE through
Cadence's OASIS interface, and BDA has agreed to pay Cadence
an undisclosed amount."
Three questions:
1.) Exactly how long is "multi-year"?
2.) How much was the "undisclosed amount"?
3.) BDA will no longer use SKILL in/out of ADE?
Instinct tell me the answers to these 3 questions will say a lot! - John
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Related Articles:
Does Cadence-Berkeley lawsuit mean some ADE users will be sued?
So far public opinion is strongly anti-Cadence on CDNS vs. BDA
BDA tells CDNS "IN YOUR FACE" with new analog characterization
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