Memorex Corp., v. Int'l Bus. Mach. Corp.

Full title: MEMOREX CORPORATION, ETC., ET AL., PLAINTIFFS-APPELLANTS, v. INTERNATIONAL…

Court: United States Court of Appeals, Ninth Circuit

Date published: Nov 18, 1980

636 F.2d 1188 (9th Cir. 1980)

Opinion

Nos. 78-3050, 78-3236.

Argued and Submitted September 10, 1980.

Decided November 18, 1980. Rehearing Denied in No. 78-3050 February 5, 1981.

Ronald S. Beard, Gibson, Dunn Crutcher, Los Angeles, Cal., argued for Memorex Corp., ILC Peripherals; Karl A. Limbach, Limbach, Limbach Sutton, San Francisco, Cal., on brief.

Patrick Lynch, O'Melveny Myers, Los Angeles, Cal., argued for International Business Machines Corp.; Edward B. Rogin, Orrick, Herrington, Rowley Sutcliffe, San Francisco, Cal., James V. Selna, Los Angeles, Cal., on brief.

Appeal from the United States District Court for the Northern District of California; Samuel Conti, District Judge, Presiding.

Before DUNIWAY and GOODWIN, Circuit Judges, and KASHIWA,^_ Judge, United States Court of Claims.

_ The Honorable Shiro Kashiwa, sitting by designation.

PER CURIAM:

In this anti-trust case the trial judge, after a full trial lasting 80 days, granted a motion for a directed verdict. ILC Peripherals Leasing Corp., et al. v. International Business Machines Corp., N.D. Cal., 1978, 458 F. Supp. 423. It had previously granted a motion for a directed verdict on one issue. ILC Peripherals Leasing Corp. v. International Business Machines Corp., N.D. Cal., 1978, 448 F. Supp. 228. Plaintiffs appeal.

The case is one of several similar cases. One of these is California Computer Products, Inc. v. International Business Machines Corp., 9 Cir., 1979, 613 F.2d 727. There we affirmed a judgment based upon the granting of a motion for a directed verdict in a case that presented substantially the same issues and much of the same evidence. We are unable to distinguish Memorex's case from the California Computer Products case, and we conclude that, on the authority of that case the judgment should be affirmed. See also The Telex Corp. v. International Business Machines Corp., 10 Cir., 1975, 510 F.2d 894, reversing N.D. Okl., 1973, 367 F. Supp. 258; In re IBM EDP Devices Antitrust Litigation, Transamerica Computer Co., Inc. v. International Business Machines Corp., N.D. Cal., 1979, 481 F. Supp. 965.

Our disposition of the case makes it unnecessary to decide whether it was error for the court to enter an order striking plaintiffs' demand for a jury trial in the event of a new trial. See, however, In re Financial Securities Litigation, Fabrikant v. Bache and Co., 9 Cir., 1979, 609 F.2d 411.

Affirmed.