California Computer Products, Inc. And Century Data Systems, Inc., Plaintiffs v. International Business MacHines Corporation

Good Law

613 F.2d 727

United States Court of Appeals for the Ninth CircuitNovember 16, 197977-1563California10,253 words

Opinion

Choy, J.

California Computer Products, Inc. (“Cal-Comp”) appeals from the judgment entered on a directed verdict in favor of appellee International Business Machines Corp. (“IBM”) as to all counts of its complaint charging IBM with violations of § 2 of thé Sherman Act, 15 U.S.C. § 2 . We affirm.

I. Background and Proceedings Below

IBM is one of the largest industrial corporations in the world. It achieved technical leadership in the computer industry over other early entrants, such as Sperry Rand, in the mid-1950’s and thereafter pioneered the development of many electronic data processing products, including the disk products involved in this litigation.

Disk products are part of a broader category of what is known as peripheral equipment, such as disks, tapes, printers, and terminals, which is connected to the central processing unit (“CPU”) to enable the data processing system to perform particular functions. Included in the reference to disk products are disk drives, devices using magnetic disks similar in appearance to phonograph records to store information, and controllers, used for communication between disk drives and the CPU. Occasionally these devices are built into the CPU;…

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Parties

CALIFORNIA COMPUTER PRODUCTS, INC. and Century Data Systems, Inc.-
Plaintiff
INTERNATIONAL BUSINESS MACHINES CORPORATION-
Defendant

Judges

Choy
Kennedy
Palmieri

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