From Casetext: Smarter Legal Research

Ways & Means, Inc. v. Ivac Corp.

United States Court of Appeals, Ninth Circuit
Feb 2, 1981
638 F.2d 143 (9th Cir. 1981)

Opinion

No. 79-4095.

Argued and Submitted December 9, 1980.

Decided February 2, 1981. Rehearing and Rehearing En Banc Denied April 2, 1981.

Jerrold N. Offstein, San Francisco, Cal., argued for plaintiffs-appellants; John H. Boone, Boone Knudsen, San Francisco, Cal., on brief.

Richard J. Archer, Sullivan, Jones Archer, San Francisco, Cal., for defendant-appellee.

Appeal from the United States District Court for the Northern District of California; William H. Orrick, Judge.

Before DUNIWAY and FERGUSON, Circuit Judges, and GRANT, District Judge.

Honorable Robert A. Grant, Senior United States District Judge, Northern District of Indiana, sitting by designation.


We are in accord with the opinion of the district court. 1979-2 Trade Cases ¶ 62,734, 506 F. Supp. 697 (N.D.Cal. 1981). Ways and Means claims that the district court drew the erroneous conclusion that the cost of the plaintiffs' thermometer covers and IVAC's thermometer was lower than that of the allegedly illegal tie. However, the precision of this conclusion is not determinative failed to demonstrate that the figures used by the district court below tare incorrect. of our judgment, and Ways Means has failed to demonstrate that the figures used by the district court below are incorrect. Moreover, the district court's discussion of the absence of any illegal tying arrangement equally demonstrates that IVAC's behavior was neither an unreasonable restraint of trade nor predatory. See California Computer Products v. International Business Machines, 613 F.2d 727, 735-37 (9th Cir. 1979). We express no opinion on the second portion of the district court's opinion concerning Ways Means' showing on damages.

AFFIRMED.


Summaries of

Ways & Means, Inc. v. Ivac Corp.

United States Court of Appeals, Ninth Circuit
Feb 2, 1981
638 F.2d 143 (9th Cir. 1981)
Case details for

Ways & Means, Inc. v. Ivac Corp.

Case Details

Full title:WAYS MEANS, INC., A CORPORATION; AND LABCON, INC., A CORPORATION…

Court:United States Court of Appeals, Ninth Circuit

Date published: Feb 2, 1981

Citations

638 F.2d 143 (9th Cir. 1981)

Citing Cases

Southern Pac. Com. Co. v. American Tel. Tel.

re to establish the reasonableness of these assumptions is fatal not only to the damage claim, but to…

Santa Cruz Medical Clinic v. Dominican Santa Cruz Hospital

" Northern P.R. Co. v. United States, 356 U.S. 1, 6 n. 4 (1958). If the desirable, tying product "is truly…