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Santa Clara, Calif. – October 6, 2016 – On September 30, 2016, the U.S. Court of Appeals for the Third Circuit issued a decision reversing an antitrust judgment against Avaya, vacating the damages and injunctive relief previously awarded to TLI/Continuant. The decision reinstated several of Avaya’s claims against TLI/Continuant—for fraud, breach of contract, unfair competition, and tortious interference—and decided all but one of TLI/Continuant’s claims in Avaya’s favor.
The now-vacated injunction had required Avaya to provide customers free access to the on demand maintenance commands that were installed on PBX systems purchased prior to April 30, 2008. Unless the Third Circuit decision is modified, the matter will be sent back to the trial judge for further proceedings.
“Avaya is pleased with the most recent ruling of the 3rd Circuit Court of Appeals,” said Amy Fliegelman Olli, SVP and General Counsel at Avaya. “This is a positive step as we near the final outcome of the case.”
About Avaya:
Avaya enables the mission critical, real-time communication applications of the world’s most important operations. As the global leader in delivering superior communications experiences, Avaya provides the most complete portfolio of software and services for contact center and unified communications with integrated, secure networking— offered on premises, in the cloud, or a hybrid. Today’s digital world requires some form of communications enablement, and no other company is better positioned to do this than Avaya. For more information, please visit www.avaya.com.
Certain statements contained in this press release may be forward-looking statements. These statements may be identified by the use of forward-looking terminology such as "anticipate," "believe," "continue," "could," "estimate," "expect," "intend," "may," "might," "plan," "potential," "predict," "should" or "will" or other similar terminology. We have based these forward-looking statements on our current expectations, assumptions, estimates and projections. While we believe these are reasonable, such forward looking statements involve known and unknown risks and uncertainties, many of which are beyond our control. These and other important factors may cause our actual results to differ materially from any future results expressed or implied by these forward-looking statements. For a list and description of such risks and uncertainties, please refer to Avaya's filings with the SEC that are available at www.sec.gov. Avaya disclaims any intention or obligation to update or revise any forward-looking statements.
All trademarks identified by ®, TM, or SM are registered marks, trademarks, and service marks, respectively, of Avaya Inc. All other trademarks are the property of their respective owners
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Businesses are built by the experiences they provide, and every day, millions of those experiences are delivered by Avaya. Organizations trust Avaya to provide innovative solutions for some of their most important ambitions and challenges, giving them the freedom to engage their customers and employees in ways that deliver the greatest business benefits. Avaya contact center and communications solutions power immersive, personalized, and unforgettable customer experiences that drive business momentum. With the freedom to choose their journey, there’s no limit to the experiences Avaya customers can create. Learn more at https://www.avaya.com.