Memorex Corporation, Etc. v. International Business MacHines Corporation, Memorex Corporation, Etc. v. International Business MacHines Corporation

636 F.2d 1188

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 5, 1981
• Docket: 78-3050, 78-3236
• Status: Published

Opinion

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.