AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

MEMOREX CORPORATION, ETC., ET AL., PLAINTIFFS-APPELLANTS, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, DEFENDANT-APPELLEE. MEMOREX CORPORATION, ETC., ET AL., PLAINTIFFS-APPELLEES,

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.

Use AI to get other relevant cases.

Comments

MEMOREX CORP., v. INT'L BUS. MACH. CORP
(Nov 18, 1980)