Lockheed Missile & Space Co. v. Hughes Aircraft Co.

ORDER DENYING PLAINTIFF’S APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Plaintiff Lockheed Missiles & Space Company, Inc. (“Lockheed”) brought this action against Hughes Aircraft Company and GM Hughes Electronics (collectively, “Hughes”), alleging that Hughes refused to honor a promise to supply Lockheed with a component that Lockheed needs to bid on a missile warning system contract for the United States government. Lockheed has applied for a temporary restraining order. For the reasons expressed below, Lockheed’s application is DENIED.

BACKGROUND

In 1984, as part of the Strategic Defense Initiative, better known as “Star Wars,” the United States government established the Boost Surveillance and Tracking System (“BSTS”) program to develop a replacement for the existing system used to detect missile attacks. The following year, Lockheed and Hughes entered into a “Memorandum Teaming Agreement” (“Teaming Agreement”) and offered a joint proposal to the government for deploying a replacement system. The Teaming Agreement defined the roles and responsibilities of both companies. In particular, it designated Lockheed as the prime contractor and gave Lockheed responsibility for…