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Jury Finds Pair Defamed Varian

Bloomberg News

Two former employees of Varian Medical Systems Inc. defamed the company and its executives on Web sites and message boards and must pay damages of $425,000, a jury said.

Varian sued Mary Day and Michelangelo Delfino in Santa Clara County Superior Court in 1999, accusing them of damaging the reputation of the company and its executives by posting false statements on their Web sites.

Day and Delfino must pay the damages to Varian Medical, Varian Semiconductor Equipment Inc. and company officials.

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Throughout the trial, the pair, who live next door to each other in Los Altos, Calif., have taken notes on the proceedings and posted them on their Web sites with commentary.

Day and Delfino claim on one site, which is decorated with flashing cartoons of vomiting toilets, that Richard Levy, Varian’s chief executive, is a “perennially novice President & CEO” and “violated his own company policy while overseeing Varian’s legendary hostile work environment that included videotaping bathrooms.”

Day and Delfino, who worked at Varian for a combined 25 years, said they are exercising their 1st Amendment rights.

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Varian shares rose $1.25 to close at $67.15 on the New York Stock Exchange.

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