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Scotts Valley-based Borland Software Corp., a maker of applications used by software designers, has acquired TogetherSoft Corp., a Raleigh, N.C., designer of software development tools. The deal is worth approximately $185 million in cash and stock. Lawyers in the Palo Alto office of Cooley Godward represented Borland in the transaction. Attorneys in the Palo Alto office of Wilson Sonsini Goodrich & Rosati served as counsel to TogetherSoft. While acquisitions of public companies have been hindered by falling stock prices in a flagging economy, this deal proved different. “Borland’s stock price actually increased during the transaction, so we didn’t have to deal with a declining stock price,” said Michelle Bushore, an associate who worked on the deal at Cooley. Over the next year, the software development products of both companies are expected to merge into one another, creating more advanced software development tools. The deal is pending clearance by TogetherSoft stockholders and regulatory approval. Cooley partner Suzanne Hooper led the deal in addition to associate Kara Hagen. Intellectual property partner Eric Reifschneider and tax partners Daniel Meehan and Webb “Bill” Morrow III also worked on the transaction. Keith Gottfried and Patricia Timm worked in Borland’s legal department. The attorneys at Wilson Sonsini who worked on the deal were lead partner Thomas Klein and associates Karen Fredericks, Sandra Knox, and Evan Ng. Tax partners Ivan Humphreys and Eileen Marshall also worked on the deal. HARRIS V. ERICSSON Harris Corp. has won a $61 million jury verdict against Ericsson Inc. in a patent infringement suit involving cellular telephone communications technology. A Dallas federal jury found that Ericsson had willfully infringed a patent on a method for equalizing radio transmission signals to eliminate distortion and make them intelligible over a cellular phone. Harris developed the technology for the military 20 years ago. Several companies licensed the technology from Melbourne, Fla.-based Harris, but Ericsson refused to do so and Harris sued for infringement. Ericsson, a subsidiary of the Swiss wireless equipment and cell phone manufacturer, subsequently sued Harris, claiming infringement of one of its patents, but a federal court in Sherman, Texas, found in favor of Harris last year. Although the Harris patent expired two years ago, the compensatory damages award equals the licensing fee that Ericsson would have paid during the two years its cellular phone and cellular base stations were most profitable. Since the jury found that the infringement was willful, the court has the option to increase the damages award up to treble the amount and ordered payment of attorneys fees. Harris’ licensing program was put on hold pending the outcome of the Ericsson litigation. Harris now may seek back licensing fees from other companies that it had notified were using Harris’ patented technology, said Henry Bunsow, a partner at Howrey Simon Arnold & White and lead counsel for Harris. “The verdict validates the fundamental work that Harris did and still does in the communications area,” Bunsow said. “The company invented cutting-edge technology in 1980 that found its way into the civilian sector and is still dominant today.” Ericsson said that if the trial judge issues a final judgment against the company it will appeal to the Federal Circuit U.S. Court of Appeals. “We were surprised and disappointed [by the jury verdict] because we don’t think our product infringes the Harris patent,” said Ericsson spokesman Rob Elston. Bunsow’s co-counsel included Denise DeMory of San Francisco’s DeMory & Grigg and Brett Govett, a partner in the Dallas office of Fulbright & Jaworski. The Howrey team included partners Alan Fisch, Teresa Corbin and Jennifer Sklenar, and associates Jason Hoffman, Matthew Hocker, Jayna Whitt and Heather Fan. Partners Mike McKool Jr., Douglas Cawley and Eric Buether of Dallas’ McKool Smith and counsel Monte Bond of Alexandria, Va.-based Burns, Doane, Swecker & Mathis represented Ericsson.

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