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Federal Judge's Decision Based on Rocket's Alleged Concealment of Wrongdoing

ISLANDIA, N.Y. - In CA's case against Rocket Software, Inc. seeking damages of at least $200 million and preliminary and permanent injunctions for misappropriation of CA software products for DB2®, a federal judge denied Rocket's motion to dismiss as untimely CA's claims for copyright infringement and misappropriation of trade secrets.

In a 33-page decision, the Honorable Arthur D. Spatt determined that CA reasonably relied upon Rocket's "affirmative representations of independent development and its detailed, emphatic denials of copying." The Court also noted that Rocket's assurances, if untrue "would work a deception capable of lulling the plaintiffs into believing their suspicions were baseless."

The Court thus rejected Rocket's statute of limitations defense to CA's trade secret claims, finding that "Rocket stated that it conducted a thorough investigation and affirmatively denied use of the plaintiffs' code, further inhibiting CA's discovery" of the alleged misappropriation.