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Ways & Means, Inc., a Corporation and Labcon, Inc., a Corporation v. Ivac Corporation, a Corporation

U.S. Court of Appeals for the Ninth Circuit
Ways & Means, Inc., a Corporation and Labcon, Inc., a Corporation v. Ivac Corporation, a Corporation, 638 F.2d 143 (9th Cir. 1981)
Duniway, Ferguson, Grant, Per Curiam

Ways & Means, Inc., a Corporation and Labcon, Inc., a Corporation v. Ivac Corporation, a Corporation

Opinion

PER CURIAM:

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 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.

Reference

Full Case Name
WAYS & MEANS, INC., a Corporation; And Labcon, Inc., a Corporation, Plaintiffs-Appellants, v. IVAC CORPORATION, a Corporation, Defendant-Appellee
Cited By
6 cases
Status
Published
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