Gerald Hsu, a vice president at Cadence Design Systems, a maker of integrated circuit design software, resigned
Question:
Gerald Hsu, a vice president at Cadence Design Systems, a maker of integrated circuit design software, resigned to work for Avant!, a direct competitor. Cadence told Hsu that because of its concern that he would share proprietary information and trade secrets with Avant!, it was planning to sue him and Avant! for trade secret misappropriation. Hsu was able to negotiate a mutual general release with Cadence that released all parties from claims against each other concerning any trade secret misappropriation or other unfair competition at the time of the settlement. One year later, a Cadence engineer discovered line-by-line copying of Cadence code in an Avant! software product. It turned out the copying occurred four years earlier— three years before the general release—and was continuing through the present day. Cadence argued that it could still bring a trade secret misappropriation against Avant! because the misappropriation continued to occur after the general release. Hsu and Avant! argued that the general release precluded any suit for misappropriation occurring before the date of the release. Who should prevail? [Cadence Design Systems v. Avant! Corp., 253 F.3d 1147 (9th Cir. 2001).]
Fantastic news! We've Found the answer you've been seeking!
Step by Step Answer:
Answer rating: 50% (16 reviews)
The district court in this case held for Avant stating that Cadences claims were barred because the misappropriation initially occurred before the gen...View the full answer
Answered By
JAPHETH KOGEI
Hi there. I'm here to assist you to score the highest marks on your assignments and homework. My areas of specialisation are:
Auditing, Financial Accounting, Macroeconomics, Monetary-economics, Business-administration, Advanced-accounting, Corporate Finance, Professional-accounting-ethics, Corporate governance, Financial-risk-analysis, Financial-budgeting, Corporate-social-responsibility, Statistics, Business management, logic, Critical thinking,
So, I look forward to helping you solve your academic problem.
I enjoy teaching and tutoring university and high school students. During my free time, I also read books on motivation, leadership, comedy, emotional intelligence, critical thinking, nature, human nature, innovation, persuasion, performance, negotiations, goals, power, time management, wealth, debates, sales, and finance. Additionally, I am a panellist on an FM radio program on Sunday mornings where we discuss current affairs.
I travel three times a year either to the USA, Europe and around Africa.
As a university student in the USA, I enjoyed interacting with people from different cultures and ethnic groups. Together with friends, we travelled widely in the USA and in Europe (UK, France, Denmark, Germany, Turkey, etc).
So, I look forward to tutoring you. I believe that it will be exciting to meet them.