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SYSTEM MANAGEMENT ARTS, INC. v. AVESTA TECHNOLOGIES, INC.

No. 97 Civ. 8101(RWS).

87 F.Supp.2d 258 (2000)

SYSTEM MANAGEMENT ARTS INCORPORATED, Plaintiff, v. AVESTA TECHNOLOGIES, INC. and David Zager, Defendants.

United States District Court, S.D. New York.

March 3, 2000.

Attorney(s) appearing for the Case

Proskauer Rose, New York City, by Nancy Kilson, Kenneth Rubenstein, Anthony C. Coles, John C. Stellabotte, of counsel, for plaintiff.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, by Martin Flumenbaum, Eric S. Goldstein, Steven C. Herzog, Robert C. Weisz, of counsel, for defendants.

OPINION

SWEET, District Judge.

Plaintiff System Management Arts Incorporated ("Smarts") has moved, pursuant to Rule 56(c) of the Federal Rules of Civil Procedure, for summary judgment (1) excluding "Delphi" software developed by Morgan Stanley & Co., Inc. ("Morgan Stanley") as relevant prior art in this patent infringement action, and (2) dismissing the Second, Fourth, and Fifth counterclaims of defendants Avesta Technologies, Inc. ("Avesta")...

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