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CADENCE DESIGN SYSTEMS v. AVANT! CORPORATION

No. S098266.

127 Cal.Rptr.2d 169 (2003)

29 Cal.4th 215

57 P.3d 647

CADENCE DESIGN SYSTEMS, INC., Plaintiff and Appellant, v. AVANT! CORPORATION, Defendant and Appellant.

Supreme Court of California.

November 21, 2002.

Attorney(s) appearing for the Case

Keker & Van Nest, John W. Keker, Jeffrey R. Chanin, Michael H. Page and Ragesh K. Tangri, San Francisco, for Plaintiff and Appellant.

Robert G. Bone and James Pooley as Amici Curiae on behalf of Plaintiff and Appellant.

Howard, Rice, Nemerovski, Canady, Falk & Rabkin, Bernard A. Burk and Jeffrey E. Faucette, San Francisco, for Oracle Corporation, Xilinx, Inc. and 3Com Corporation as Amici Curiae on behalf of Plaintiff and Appellant.

O'Melveny & Myers, Daniel H. Bookin, Darin W. Snyder, James W. Shannon, Erika R. Frick and Hiro N. Aragaki, San Francisco, for Defendant and Appellant.

Horvitz & Levy, H. Thomas Watson, Encino, and Jason R. Litt for Truck Insurance Exchange as Amicus Curiae on behalf of Defendant and Appellant.

MORENO, J.

We granted the request for certification of the United States Court of Appeals for the Ninth Circuit pursuant to California Rules of Court, rule 29.5, to address the following question:

Under the California Uniform Trade Secrets Act (UTSA), Civil Code, section 3426,1 when does a claim for trade secret infringement arise: only once, when the initial misappropriation occurs, or with each subsequent misuse of the trade...

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