Shareholder Class Action Filed Against Nassda Corporation By The Law Firm of Schiffrin & Barroway, LLP
30 7월 2004 - 8:00AM
PR Newswire (US)
Shareholder Class Action Filed Against Nassda Corporation By The
Law Firm of Schiffrin & Barroway, LLP BALA CYNWYD, Pa., July 29
/PRNewswire/ -- The following statement was issued today by the law
firm of Schiffrin & Barroway, LLP: Notice is hereby given that
a class action lawsuit was filed in the United States District
Court for the Northern District of California on behalf of all
purchasers of the common stock of Nassda Corporation (NASDAQ:NSDA)
from December 13, 2001 through June 11, 2004, inclusive (the "Class
Period"). If you wish to discuss this action or have any questions
concerning this notice or your rights or interests with respect to
these matters, please contact Schiffrin & Barroway, LLP (Marc
A. Topaz, Esq. or Darren J. Check, Esq.) toll-free at
1-888-299-7706 or 1-610-667-7706, or via e-mail at . The complaint
charges Nassda and certain of its officers and directors with
violations of the Securities Exchange Act of 1934. Nassda is a
provider of full-chip circuit simulation and analysis software for
the design and verification of complex nanometer-scale
semiconductors. According to the complaint, Nassda began licensing
its software in July 1999. Nassda's founders are all former
employees of Synopsys Corporation ("Synopsys"), the world's
second-largest maker of electronic design automation software.
Synopsys filed two suits against the Company, including a complaint
in state court that alleges misappropriation of trade secrets and a
suit in federal court charging patent infringement. Synopsys is the
owner of United States Patent No. 5,878,053 (the "'053 patent"),
entitled "Hierarchical Power Network Simulation and Analysis Tool
for Reliability Testing of Deep Submicron Designs." The complaint
alleges that during the Class Period, Nassda was infringing on the
Synopsys '053 patent by making, using, selling, distributing,
advertising, marketing and creating source code for products,
including Nassda's Hierarchical Storage and Isomorphic Matching
("HSIM") software product. Synopsys has alleged that Nassda has
actively induced infringement of, or contributed to the
infringement of, the '053 patent by making infringing products and
creating source code for infringing products and then selling,
distributing, advertising and marketing those infringing products
to others. Synopsys gave Nassda actual notice of the '053 patent
and sought from Nassda information that would assist Synopsys in
further investigating the extent to which Nassda's products are
within the scope of each claim of the '053 patent. Nassda refused
to provide substantive information in response to this request.
Synopsys informed Nassda that it was infringing the '053 patent,
but Nassda has continued to pursue its infringing activities.
Several current employees of Nassda were formerly key employees of
Synopsys who left Synopsys en masse to develop Nassda's infringing
product. These employees knew or should have known that their
actions, in creating, selling and distributing Nassda's infringing
software products, constituted patent infringement. On January 10,
2003, a judge ruled that some of Nassda's founders copied
proprietary source code from Synopsys to help develop their
software. The judge found that certain former Synopsys employees
viewed Synopsys products days before leaving Synopsys and then used
those products to develop Nassda's programs used in semiconductor
design. These disclosures caused Nassda's stock to decline by 50%
to less than $6 per share before closing at $7.10 per share on
January 10, 2003, on volume of more than 5.7 million shares. Then
on Monday, June 14, 2004, Nassda revealed that the California state
court on June 11, 2004 issued orders against Nassda and individual
defendants named in the litigation with Synopsys. These orders
limited Nassda's defenses regarding the timing and the development
of the initial HSIM source code and the evidence that Nassda and
the remaining individual defendants could present at trial. The
court's orders established as fact that the first 60,000 lines of
source code of HSIM and all ideas and concepts reflected therein
were derived from Synopsys's source code or other Synopsys
materials while the individual defendants were employed by
Synopsys. The court also ruled that Nassda and the individual
defendants acted in concert to intentionally alter, destroy, lose
or misplace items requested in discovery and conceal evidence. The
Company's shares plummeted to below $4.00 per share on this news.
Plaintiff seeks to recover damages on behalf of class members and
is represented by the law firm of Schiffrin & Barroway, which
prosecutes class actions in both state and federal courts
throughout the country. Schiffrin & Barroway is a driving force
behind corporate governance reform, and has recovered in excess of
a billion dollars on behalf of institutional and high net worth
individual investors. For more information about Schiffrin &
Barroway, or to sign up to participate in this action online,
please visit http://www.sbclasslaw.com/. If you are a member of the
class described above, you may, not later than September 27, 2004,
move the Court to serve as lead plaintiff of the class, if you so
choose. A lead plaintiff is a representative party that acts on
behalf of other class members in directing the litigation. In order
to be appointed lead plaintiff, the Court must determine that the
class member's claim is typical of the claims of other class
members, and that the class member will adequately represent the
class. Under certain circumstances, one or more class members may
together serve as "lead plaintiff." Your ability to share in any
recovery is not, however, affected by the decision whether or not
to serve as a lead plaintiff. You may retain Schiffrin &
Barroway, or other counsel of your choice, to serve as your counsel
in this action. CONTACT: Schiffrin & Barroway, LLP Marc A.
Topaz, Esq. Darren J. Check, Esq. Three Bala Plaza East, Suite 400
Bala Cynwyd, PA 19004 1-888-299-7706 (toll-free) or 1-610-667-7706
Or by e-mail at DATASOURCE: Schiffrin & Barroway, LLP CONTACT:
Marc A. Topaz, Esq. or Darren J. Check, Esq., both of Schiffrin
& Barroway, LLP, +1-888-299-7706, +1-610-667-7706 or Web site:
http://www.sbclasslaw.com/
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