LEGAL PROCEEDINGS
−Removed: The following information contains an update to the description of our pending legal proceedings with Appian Corp., as described in our Annual Report on Form 10-K filed with the U.S.
−Removed: Securities and Exchange Commission on February 16, 2022.
−Removed: Pegasystems Inc.
−Removed: & Business Process Management Inc.
−Removed: On July 3, 2019, the Company filed suit in Massachusetts federal court against Appian Corp.
−Removed: (“Appian”) and Business Process Management, Inc.
−Removed: (“BPM”) relating to a BPM “Market Report” that Appian had used to promote itself against the Company.
−Removed: Pegasystems Inc.
−Removed: & Business Process Management Inc.
−Removed: 1:19-cv-11461 (D.
−Removed: On April 15, 2022, each of the parties filed motions for summary judgment with the court.
−Removed: The Company continues to believe the counterclaims brought by Appian against the Company are without merit, and the Company intends to vigorously pursue its claims against Appian and defend against the counterclaims brought against the Company in this matter.
−Removed: The Company is unable to reasonably estimate possible damages or a range of possible damages in this matter given the Company’s belief that the damages claimed by Appian fail to satisfy the required legal standard, the status of the proceeding, and due to the uncertainty as to how a jury may rule if this ultimately proceeds to trial.
−Removed: Pegasystems Inc.
−Removed: & Youyong Zou
−Removed: As previously reported, the Company is a defendant in litigation brought by Appian that is currently being tried in Virginia (the “Court”) titled Appian Corp.
−Removed: Pegasystems Inc.
−Removed: & Youyong Zou , No.
−Removed: 2020-07216 (Fairfax Cty.
−Removed: The jury trial began on March 21, 2022.
−Removed: On April 13, 2022, Appian withdrew its claim against the Company for tortious interference with business expectancy.
−Removed: On that same day, in the course of making determinations on various motions, the Court stated that if the jury finds that the Company misappropriated information that constituted Appian trade secrets and finds that the Company incorporated those trade secrets into the Company’s products or the Company’s marketing materials, the burden will then shift to the Company to prove that the sales Appian seeks as damages were not the result of the alleged misappropriation and use of the alleged trade secrets.
−Removed: This legal standard has not previously been adopted by the Virginia courts.
−Removed: The Company continues to believe that its sales of the products at issue were not caused by, or the result of, the alleged misappropriation of trade secrets, and is submitting evidence to the jury to that effect.
−Removed: The Company is unable to reasonably estimate possible damages because, among other things, of the uncertainty as to how a jury may decide and the parties’ existing grounds for appeal based on rulings to date in the proceeding.
+Added: The information set forth in Note 14.
+Added: Commitments and Contingencies, in Part I, Item 1 of this Quarterly Report is incorporated herein by reference and updates the description of our pending legal proceedings, as described in our Annual Report on Form 10-K filed with the U.S.
+Added: Securities and Exchange Commission on February 16, 2022 and in our Quarterly Report on Form 10-Q filed with the U.S.
+Added: Securities and Exchange Commission on April 28, 2022.
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.