Avaya’s claims against TLI/Continuant reinstated by Third Circuit Court of Appeals

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 3^rd 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.”