SAN MATEO, Calif. Cadence Design Systems Inc. wants Avanti Corp. and six current and former employees to pay $700 million in restitution for stealing Cadence source code. And Avanti believes it should pay no more than $1 million.
Those are the figures cited in documents unsealed Thursday (June 14) by Judge Conrad Rushing, who is overseeing the People vs. Avanti restitution hearing.
In its filing of 60-plus pages, Cadence asks Judge Rushing to order Avanti to pay it $534 million to compensate for lost profits from place and route sales and follow-on product sales and services; $16 million for out-of-pocket expenses such as attorney fees and lost employee time; and $150 million, or 10 percent interest on those losses.
Meanwhile, Avanti's 100-page response suggests that Rushing use several other formulas to determine how much Avanti should pay Cadence all of which conclude that Avanti should pay considerably less than Cadence has suggested.
A Cadence spokesman laughed when read the figure from the Avanti filing and said, "The California state constitution requires a restitution order that is 'sufficient to fully reimburse the victim or victims for every determined economic loss incurred as a result of the defendants conduct.' "
An Avanti spokesman said that if the company was ordered to pay $700 million to Cadence, that amount "would not break the company."
Avanti reported in its first-quarter literature that it has over $200 million in cash. The Avanti spokesman said the company generates $20 million in cash quarterly.
There are no limits on how much the judge can order Avanti to pay Cadence. The two sides are currently suggesting guidelines that they believe the judge should follow in determining restitution.
The actual hearing is slated to begin on June 18, but has been postponed twice before. The sentencing hearing begins June 21.
The sentencing hearing will determine prison terms for five of the defendants in the criminal case wherein they pleaded no-contest to charges of trade-secret theft. While four agreed to relatively fixed prison times, defendant Mitch Igusa did not. Igusa apparently plans to argue for limited or no prison time, but is facing up to six years if he can't convince the judge.
Defendant Gerry Hsu, Avanti president and chief executive officer, does not face prison time.