U.S. District Court Rejects Motion to Dismiss in Phoenix Technologies' Lawsuit Against DeviceVM
December 08 2009 - 11:57PM
PR Newswire (US)
MILPITAS, Calif., Dec. 8 /PRNewswire/ -- Phoenix Technologies
(NASDAQ: PTEC), a global leader in core systems software, security
solutions and instant-on operating systems environments, today
announced that a U.S. Federal District Court in Oakland has denied
DeviceVM's motion to dismiss claims of interference of contract,
unfair business practices and conversion of intellectual property
assets in Phoenix's lawsuit against DeviceVM. (Logo:
http://www.newscom.com/cgi-bin/prnh/20070410/SFTU048LOGO) The Court
rejected DeviceVM's California Uniform Trade Secret Acts
pre-emption defense and ruled that Phoenix's lawsuit can move
forward. Based on the decision, filed today in the United States
District Court for the Northern District of California, Phoenix
will be permitted to present evidence supporting their claims to
the court. "We applaud the decision and the judicial process can
now move toward a resolution of the substantive issues," said
Timothy Chu, Phoenix's Vice President, General Counsel and
Secretary. "We look forward to addressing the merits of this case
in federal court." Phoenix filed an amended complaint in September
2009 alleging trade secret theft and conversion of intellectual
property assets by DeviceVM and a former Phoenix employee. Phoenix
is seeking restitution, compensatory and punitive damages, as well
as a constructive trust. A copy of the amended complaint can be
found at: http://www.phoenix.com/devicevmlawsuit About Phoenix
Technologies Ltd. Phoenix Technologies Ltd. (NASDAQ:PTEC), the
leader in PC 3.0(TM) products, services and embedded technologies,
pioneers open standards and delivers innovative solutions that
enable the PC industry's top system builders and specifiers to
differentiate their systems, reduce time-to-market and increase
their revenues. The Company's flagship products and services --
SecureCore Tiano, Embedded BIOS, Phoenix Freeze, FailSafe,
HyperSpace, and eSupport.com -- are revolutionizing the PC user
experience by delivering unprecedented performance, security,
reliability, continuity, and ease-of-use. The Company established
industry leadership and created the PC clone industry with its
original BIOS product in 1983. Phoenix has over 210 technology
patents issued and pending, and has shipped firmware in over one
billion systems. Phoenix is headquartered in Milpitas, California
with offices worldwide. For more information, visit
http://www.phoenix.com/. Phoenix, Phoenix Technologies, Phoenix
SecureCore, SecureCore Tiano, Embedded BIOS, Phoenix Freeze,
FailSafe, HyperSpace, PC 3.0, eSupport.com and the Phoenix
Technologies logo are trademarks and/or registered trademarks of
Phoenix Technologies Ltd. All other marks are the marks of their
respective owners. Contact: Shauli Chaudhuri Phoenix Technologies
Global Press Office Tel. +1-408-887-3548 Email:
http://www.newscom.com/cgi-bin/prnh/20070410/SFTU048LOGO
http://photoarchive.ap.org/ DATASOURCE: Phoenix Technologies Ltd.
CONTACT: Shauli Chaudhuri of Phoenix Technologies Global Press
Office, +1-408-887-3548, Web Site: http://www.phoenix.com/
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