Symbolic Control, Inc. v. International Business MacHines Corp.

In this antitrust case Symbolic Control, Inc. (Symbolic) appeals from an order of the district court dismissing its suit against International Business Machines Corporation (IBM). After Symbolic had presented evidence limited to the single issue of causation, the suit was dismissed on the ground that upon the facts and the law the plaintiff had shown no right to relief. Fed.R. Civ.P. 41(b). In granting the motion, the district court found Symbolic had “failed to show ‘with reasonable certainty and definitiveness’ that overt acts or conduct of IBM were an ‘actual’ and ‘substantial’ cause of injury to plaintiff; ” or “that defendant’s conduct ‘materially contributed’ to plaintiff’s injury.” Symbolic Control, Inc. v. International Business Machines Corp., [1976-1] TR.CAS. (CCH) 160,723 at 68, 095 (N.D.Cal. Dec. 31, 1975) (citations omitted).

We think the causation analysis used by the district court, as a result of its bifurcation decision, was erroneous, and we reverse on this ground. We do not reach various other issues raised by Symbolic on this appeal.

I

Both IBM and Symbolic produce a type of computer software known as an automatically programmed tools [APT] processor. This…