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PEGASYSTEMS v CARREKER Click to find out why . . .



Keywords & Phrases
CaseNo: C.A. No. 19,043, CourtCode: CC, CourtName: IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE, Plaintiff: PEGASYSTEMS, State: DE Delaware, UniqueCaseRef: DE>CC>00019043, Carreker, Motion, Injunction, Del, Agreement, Chancery, Pega, Delaware, Standard, Extend, Customers, Opposition, Alter, Amend, Scope, Acquisition, Contracts, Preliminary Injunction, Carreker Mem, Carreker Corporation, Licensees, Solutions Business, Obligations, Exceptions/express, Reargument, Pegasystems, Clarification , ContentID: 120252246

Case Documents
1 2001-10-12 PLAINTIFFS OPPOSITION TO DEFENDANTS MOTOIN TO REARGUE
[ see first page and extracted highlights below  ] ItemID: 127052
21 pages
PDF
Total Documents: 1 document , 21 pages
Price: $ 19.95


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1 . PLAINTIFFS OPPOSITION TO DEFENDANTS MOTOIN TO REARGUE

EXTRACTED KEY WORDS
COURT
MOTION
INJUNCTION
DEL
AGREEMENT
CHANCERY
PEGA
DELAWARE
STANDARD
EXTEND
CUSTOMERS
PLAINTIFF
DEFENDANT
OPPOSITION
ALTER
AMEND
SCOPE
ACQUISITION
CONTRACTS
PRELIMINARY INJUNCTION
CARREKER MEM
CARREKER CORPORATION
LICENSEES
SOLUTIONS BUSINESS
OBLIGATIONS
EXCEPTIONS/EXPRESS
REARGUMENT
PEGASYSTEMS
CLARIFICATION
                                                                           ORIGINAL
              IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
                              IN AND FOR NEW CASTLE COUNTY



PEGASYSTEMS INC.,

                        Plaintiff,

        V.

CARREKER  CORPORATION,

                        Defendant.     1




 PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO REARGUE AND FOR
     CLARIFICATION OR, ALTERNATIVELY, MOTION TO ALTER OR AMEND




Of Counsel:

John D. Donovan, Jr.                          Kevin G. Abrams
Richard D. Batchelder, Jr.                    Srinivas M. Raju
Michele T. Perillo                            Richards, Layton & Finger
Ropes & Gray                                  One Rodney Square
One International Place                       Wilmington, DE 19899
Boston, MA 021 lo-2624                        (302) 65 l-7700
(617) 951-7000                                Attorneys for Plaintiff Pegasystems Inc.





2371507-l.DOC



                                        TABLE OF CONTENTS





SNIPPETS:
  • IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
  • PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO REARGUE AND FOR CLARIFICATION OR,
  • CARREKER HAS NOT MET THE STANDARD FOR ALLOWANCE
  • THE INJUNCTION MUST EXTEND TO CHECK SOLUTIONS
  • THIS COURT SHOULD NOT LIMIT THE SCOPE OF THE
  • The Injunction Must Extend To Licensees Of
  • Cole v. Kershaw, Del.
  • Proving the adage that desperate times call for desperate measures, Defendant Carreker
  • Corporation has moved to reargue its opposition to Plaintiff Pegasystems Inc.`s
  • Agreement," Carreker Mem.
  • It further ignores the fact that the Check Solutions business that Carreker acquired on
  • result of its acquisition of Check Solutions Company, as well as obligations it entered into
  • weeks following that acquisition but before the September 28 Opinion was entered.
  • while misleading Pega about its true intentions with regard to Check
  • Carreker itself after the acquisition, including contracts signed as late as August 22,2001,
  • Discovery and a Motion for a Preliminary Injunction.
  • CARREKER HAS NOT MET THE STANDARD FOR ALLOWANCE OF ITS
  • a motion for reargument will usually be denied "unless the Court has overlooked a decision or
  • See Press Release, "Carreker Corporation to
  • customers and to Pega's own customers.").
  • products, Inbound Returns/Express and Exceptions/Express, to m separate customers, on the
  •    |