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With the consent of the parties the issues and discovery for the purpose of these proceedings were limited to the United States.į4. 72-C-18), alleging IBM's monopolization of, and attempts to monopolize, the worldwide manufacture, distribution, sale and leasing of electronic data processing *268 equipment since 1954, and seeking damages in the amount of $238,290,000, trebled, injunctive relief, attorneys' fees, and costs. Telex's initial complaint was filed on January 21, 1972, in the United States District Court for the Northern District of Oklahoma (Action No. § 101 with reference to the infringement of copyrights.į3. IBM counterclaimed against Telex for alleged unfair competition, theft of trade secrets and copyright infringement in reliance upon state law and 17 U.S.C. §§ 1, 2, and Section 2 of the Clayton Act, 15 U.S.C. § 15) to recover treble damages for alleged violations of Sections 1 and 2 of the Sherman Act, 15 U.S.C. ("Telex") against the International Business Machines Corporation ("IBM") in pursuance of Section 4 of the Clayton Act (15 U.S.C. This is an action brought by the Telex Corporation and Telex Computer Products, Inc. STATEMENT OF THE CASEPRELIMINARY PROCEEDINGSį2. This case involves the electronic data processing industryan industry based upon a concept and system of reckoning (binary) as simple as turning on and off a switch in which transmissions are timed in billionths of seconds (nano-seconds), storage capacity (memory), measured by millions of combinations of bits of information (megabytes) in which numerous problems involving logic or arithmetic functions are separately but simultaneously worked upon and instantly solved within a single system in which in their own peculiar language machines communicate with one another (multiprocessing) and then in words understandable by humans may present printouts of results at the rate of as much as 2,000 lines per minute in which devices facilitate maintenance by the detection and isolation of their own malfunctions or mistakes (diagnostic programs) upon which most other industries of the country and countless businesses, as well as science and space explorations, vitally depend in which product and market developments seem almost kaleidoscopic when viewed from the outside which appears unique in monopoly context by reason of its youth and apparent dynamics, but which by the same token in this ultramodern setting may be unprecedented also because of increased inducements for, and vulnerability to, sophisticated submarket control on the one hand, and massive industrial espionage on the other. Rucker, Rucker, Tabor, McBride & Hopkins, Tulsa, Okl., for defendant.ĪMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAWĬHRISTENSEN, Senior District Judge (Assigned).įinding 1. Barr, David Boies, Cravath, Swaine & Moore, New York City, Truman B. Berman, Salt Lake City, Utah, for plaintiffs. McDermott, Boesche, McDermott & Eskridge, Tulsa, Okl., Daniel L. Oklahoma.Īmended Judgment and Decree November 9, 1973. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant.
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The TELEX CORPORATION and Telex Computer Products, Inc., Plaintiffs,