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Honeywell vs. Sperry Rand Records, 1846-1973 (bulk 1925-1973). Finding Aid.

Summary Information
Title: Honeywell vs. Sperry Rand records
Dates: 1846-1973 (bulk 1925-1973)
Creator: Honeywell Inc.
Extent: 52 boxes (20.75 cubic feet)
Language: English
Collection Number: CBI 1
Abstract:
This collection contains pretrial depositions, plaintiff exhibits, deposition exhibits, trial testimony, trial exhibits, the final opinion and judgement, and indexes from the 1971 Honeywell vs. Sperry Rand suit.

Repository: University of Minnesota Libraries. Charles Babbage Institute.

Access and Use
Acquisition Information:

The records were given to the Charles Babbage Institute by Honeywell, Inc., 1984.

Access Restrictions:

Access to the collection is unrestricted.

Copyright:

The Charles Babbage Institute holds the copyright to all materials in the collection, except for items covered by a prior copyright (such as published materials). Researchers may quote from the collection under the fair use provisions of the copyright law (Title 17, U.S. Code).

Preferred Citation:

Honeywell, Inc., Honeywell vs. Sperry Rand Records (CBI 1), Charles Babbage Institute, University of Minnesota, Minneapolis.


Arrangement

The materials in this collection are arranged into the following groups:

  • Trial Records
  • Deposition Records
  • Briefs
  • Final Judgement
  • Indexes

Historical Note

The Honeywell-Sperry Rand suit grew out of the ENIAC patent, which covered basic patents relating to the design of electronic digital computers. After the patent was granted to the Sperry Rand Corporation in 1964, the corporation demanded royalties from all major participants in the computer industry. Honeywell refused to cooperate, so Sperry Rand then filed a patent infringement suit against Honeywell in 1967. Honeywell responded in the same year with an antitrust suit charging that the Sperry Rand-IBM cross-licensing agreement was a conspiracy to monopolize the computer industry, and also that the ENIAC patent was fraudulently procured and invalid. Honeywell filed suit against Sperry Rand and its subsidiary, Illinois Scientific Instruments, Inc., in U.S. District Court (Minnesota District, 4th Div., No. 4-67-Civ. 138).

The ENIAC patents were filed in 1947 by John W. Mauchly and J. Presper Eckert, arising from the work conducted at the Moore School of Electrical Engineering at the University of Pennsylvania. In 1946, Eckert and Mauchly left the Moore School and formed their own commercial computer enterprise, the Electronic Control Company, which was later incorporated as the Eckert-Mauchly Computer Corporation. In 1950 Remington Rand acquired Eckert-Mauchly. The rights to the ENIAC patent eventually passed to Sperry Rand as a result of a merger of the Sperry Corporation and Remington Rand in 1955.

Following extensive discovery procedures the case went to trial in June 1971. Over 32,000 exhibits, some of several hundred pages each, were introduced as evidence. The trial transcript was over 20,000 pages long. In April 1973 Judge Earl Larson found that Honeywell had infringed on the ENIAC patent, but the patent was invalid because the ENIAC had been in public use for over a year before the application was filed. The 1956 agreement between Sperry Rand and IBM was determined to be a "technological merger" and a conspiracy in restraint of trade in violation of Section 1 of the Sherman Act because the two companies together had 95 percent of the relevant market at the time. No damages or court costs were awarded to either party of the dispute.

The court also declared that the invention of the ENIAC was derived from the work of John V. Atanasoff at Iowa State University. Atanasoff and a graduate student, Clifford Berry, had developed a prototype electronic computer in 1938, later named the Atanasoff Berry Computer (ABC). John Mauchly visited Atanasoff in 1941 and was aware of the ABC, and Atanasoff believed that the design of the ENIAC was based on the ABC. This meeting became an important issue for the plaintiff during the trial.

  • Atanasoff, John Vincent, "Advent of Electronic Digital Computing," Annals of the History of Computing , Vol. 6, no. 3, (July 1984) 229-282.
  • Brock, Gerald W., The U.S. Computer Industry: A Study of Market Power . Cambridge, Mass.: Ballinger Publishing, 1975.
  • Mauchly, Kathleen R., "John Mauchly's Early Years," Annals of the History of Computing , Vol. 6 no 2 (April 1984) 116-138.
  • Stern, Nancy, From ENIAC to UNIVAC . Bedford, Mass.: Digital Press, 1981.

Collection Scope and Content Note

This collection contains pretrial depositions, plaintiff exhibits, deposition exhibits, trial testimony, trial exhibits, the final opinion and judgement, and indexes from the 1971 Honeywell vs. Sperry Rand suit. The trial featured extensive testimony by many early computer designers and engineers detailing the efforts in the United States to build the first digital computers. The trial included thousands of exhibits, which included early research reports and notebooks, pictures, and descriptions of early computing machines and programs, and films on the ENIAC. Honeywell, Inc. donated most of the materials in the collection and all of the indexes. A copy of the final judgement was donated by Judge Earl Larson.

The final computerized plaintiff's brief contains the plaintiff's and defendant's arguments and replies, and the actions of the court on motions. The brief is arranged by event statements, statements alleged by the plaintiff to be fact. The defendant then challenges or agrees with these statements. The final brief is available only on microfiche.

There are eleven indexes on microfiche that provide cross-references to the exhibits, trial transcripts, and event statements from the plaintiff's final brief. Honeywell was responsible for the extensive indexing of the collection. A description of the indexes may be found in the container list.

The complete trial transcript is on microfiche, and there are paper photocopies of the trial testimony of John W. Mauchly. There are transcripts of many pretrial depositions, including John V. Atanasoff; his former wife, Lura Atanasoff; Sam Legvold; and John Mauchly. Some of the transcripts were donated by Dr. Arthur W. Burks; the rest came from Honeywell, Inc. There are extensive deposition exhibits, many of which became trial exhibits. A cross listing of deposition and trial exhibit numbers is attached.

The nineteen cubic feet of trial exhibits include letters, reports, notebooks, and publications. Most of these are photocopies. Also included are photographs of physical exhibits, photographic exhibits, and two motion picture films. The exhibits were used to support Honeywell's allegations in their final brief. Some of the trial exhibits are filed as deposition exhibits, and a cross-reference index is available. Honeywell destroyed most of the exhibits dating after 1951 due to obligations relating to companies holding the original documents. However, the collection does contain some exhibits dating after 1951. Trial exhibits are arranged numerically by exhibit number, and those with unknown numbers are arranged by subject.

The sets of microfiche were poorly processed so it may not be possible to provide photocopies of some frames. Some photocopies are barely legible and may not reproduce well.

Related collections are the Larson papers, CBI 31, a collection of correspondence to and from Judge Larson relating to the trial; and the Robert Kalb papers, CBI 4, an early computer engineer and witness in the trial.

Subject Terms
Index Terms
  • This collection is indexed under the following headings in the catalog of the University of Minnesota Libraries. Researchers desiring materials about related topics, persons or places should search the catalog using these headings.
  • Atanasoff, John V. (John Vincent)
  • Mauchly, John W. (John William), 1907-1980.
  • Rench, Carl F.
  • Goldstine, Herman Heine, 1913-
  • Berry, Clifford E.
  • Brainerd, John G. (John Grist), 1904-1988.
  • Eckert, J. Presper (John Presper), 1919-
  • Larson, Earl R.
  • Bloch, Richard M. (Richard Milton)
  • Desch, Joseph R.
  • Mumma, Robert E.
  • Rajchman, Jan A.
  • Honeywell Inc.
  • Sperry Rand Corporation
  • International Business Machines Corporation.
  • Remington Rand, Inc.
  • Radio Corporation of America
  • Raytheon Company
  • General Electric Company
  • National Cash Register Company
  • Burroughs Corporation.
  • Electronic Control Company.
  • Eckert-Mauchly Computer Corporation (Philadelphia, Pa.)
  • Iowa State University
  • United States. National Bureau of Standards
  • United States. Ordnance Dept.
  • U.S. Army Ballistic Research Laboratory.
  • Moore School of Electrical Engineering.
  • Illinois Scientific Developments, Inc.
  • Computer industry--United States
  • Computers
  • Electronic digital computers
  • Computers--Law and legislation
  • Patent suits--United States
  • ENIAC (Computer)
  • BINAC (Computer)
  • Univac computer
  • EDVAC (Computer)
  • Atanasoff-Berry computer.
Box and Folder List
 Location  Title
 
Trial Records  
 
Trial Testimony  
 
Trial transcripts, complete, on microfiche (97 fiche)  
Box 52
Testimony of John W. Mauchly  Box 52, Folder 4-8
Note Volumes 79-80, 82; p. 11721-12332; 12368-12513 on microfiche of trial transcripts
 
Trial Exhibits--Numbered  
Box 1
Numbers 1-52  Box 1, Folder 1-4
Box 2
Numbers 53-160  Box 2, Folder 1-6
Box 3
Numbers 161-246  Box 3, Folder 1-7
Box 4
Numbers 246.5-352  Box 4, Folder 1-5
Box 5
Numbers 353-528.5  Box 5, Folder 1-7
Box 6
Numbers 531-743  Box 6, Folder 1-5
Box 7
Numbers 744-901  Box 7, Folder 1-6
Box 8
Numbers 902-1014  Box 8, Folder 1-6
Box 9
Number 1014  Box 9, Folder 1-6
Box 10
Numbers 1014-1248  Box 10, Folder 1-6
Box 11
Numbers 1249-1436  Box 11, Folder 1-5
Box 12
Numbers 1439-1725  Box 12, Folder 1-5
Box 13
Numbers 1726-1842  Box 13, Folder 1-6
Box 14
Numbers 1843-2157  Box 14, Folder 1-5
Box 15
Numbers 2158-2360  Box 15, Folder 1-5
Box 16
Numbers 2361-2540  Box 16, Folder 1-4
Box 17
Numbers 2541-2749  Box 17, Folder 1-4
Box 18
Numbers 2757-2899  Box 18, Folder 1-8
Box 19
Numbers 2900-3241  Box 19, Folder 1-5
Box 20
Numbers 3328-3499  Box 20, Folder 1-7
Box 21
Numbers 3500-3777  Box 21, Folder 1-7
Box 22
Numbers 3778-3865.5  Box 22, Folder 1-5
Box 23
Numbers 3869-3998  Box 23, Folder 1-7
Box 24
Numbers 4002-4480  Box 24, Folder 1-5
Box 25
Numbers 4501-4534  Box 25, Folder 1-5
Box 26
Numbers 4534-4696.05  Box 26, Folder 1-6
Box 27
Numbers 4696.05-4846  Box 27, Folder 1-5
Box 28
Numbers 4847-5226  Box 28, Folder 1-6
Box 29
Numbers 5229-5699  Box 29, Folder 1-6
Box 30
Numbers 5702-6035  Box 30, Folder 1-5
Box 31
Numbers 6036-6129.05  Box 31, Folder 1-6
Box 32
Numbers 6129.05-6245  Box 32, Folder 1-6
Box 33
Numbers 6246-6389  Box 33, Folder 1-7
Box 34
Numbers 6345-6750  Box 34, Folder 1-5
Box 35
Numbers 6756.05-7117  Box 35, Folder 1-5
Box 36
Numbers 7118-7520.05  Box 36, Folder 1-4
Box 37
Numbers 7523-7641  Box 37, Folder 1-5
Box 38
Numbers 7641.05-7724  Box 38, Folder 1-4
Box 39
Numbers 7728.05-7979  Box 39, Folder 1-6
Box 40
Numbers 7981-8068  Box 40, Folder 1-5
Box 41
Numbers 8069-8602.05  Box 41, Folder 1-6
Box 42
Numbers 13,850-25,270  Box 42, Folder 1-3
Box 51
Trial exhibits listing  Box 51, Folder 5-8
Note Lists exhibits dated prior to January 1, 1953; working papers, copied from thermofacimilies
 
Trial Exhibits--Charts and Notes  
Box 42
Numbers 4-10 [Atanasoff] notes on computer design  Box 42, Folder 4
 
Numbers 221163-25288 [Atanasoff] diagram and notes  Box 42, Folder 5
 
Numbers 22565.1-22565.7 [Wilson]  Box 42, Folder 6
 
Numbers 2256611-22566.63 [Rose]  Box 42, Folder 7
 
Number 22566.64  Box 42, Folder 8
 
Numbers 25529–25529  Box 42, Folder 8
Note Topic and diagram charts for discussion of Atanasoff computer
 
[Unnumbered] program charts  Box 42, Folder 10
 
Trial Exhibits--Unnumbered  
Box 42
Newspaper clipping and magazine article on Atanasoff computer, 1942 Box 42, Folder 11
 
Memorandum: Atanasoff, John V., interview and background, 1967 Box 42, Folder 12
 
Memorandum: Atanasoff's disclosure to Mauchly of the concept of an ENIAC, 1967 Box 42, Folder 13
 
Memorandum: Demonstration computer model built by Atanasoff for Control Data; breadboard model drawings, 1968 Box 42, Folder 14
 
Eckert, J. Presper, research notebook, 1946-1947 Box 42, Folder 15
Box 43
Mauchly, John W.: chronological event list and reference chronology, undated. Box 43, Folder 1
 
Mauchly, John W., research notebook, 1946-1947 Box 43, Folder 2
 
Shaw, Robert F.: research notebook, 1949, 1951 Box 43, Folder 3-4
 
Von Neumann: John, correspondence, 1943-1949 Box 43, Folder 5
 
Von Neumann, John, chronological event list, undated. Box 43, Folder 6
 
Computer Comparisons, undated. Box 43, Folder 7
 
Computer Control Company, Inc. correspondence, 1964 Box 43, Folder 8
 
Projects PX and PY, summary, undated. Box 43, Folder 9
 
Trial Exhibits--Photographs  
Box 44
Photographic Exhibits numbers 27.1-2808  Box 44, Folder 1-20
 
Photographic Exhibits numbers 22469, 22514, Atanasoff, Lura  Box 44, Folder 21
 
Trial Exhibits--Films  
Box 45
Exhibit 4056: Unedited news film of ENIAC demonstration, February 1946 (2 reels and 1 VHS cassette)  Box 45
 
Exhibit 15079: "Eniac to Univac," produced by Sperry Rand, undated. (1 reel)  Box 45
 
Deposition Records  
 
Deposition Testimony  
Box 46
Atanasoff, John V., November 11- December 4, 1968  Box 46, Folder 1-6
Box 47
Atanasoff, John V., December 5-6, 1968  Box 47, Folder 1-2
 
Atanasoff, Lura, January 21, 1969  Box 47, Folder 3
 
Atanasoff, Lura, December 5, 1967  Box 47, Folder 4
 
Legvold, Sam, December 6, 1967  Box 47, Folder 5
 
Mauchly, John W., October 11, 12, and 13, 1967  Box 47, Folder 6-10
 
Deposition Exhibits  
Box 47
Atanasoff, John V. A-1 through B-2  Box 47, Folder 11-15
Note See also: Deposition Exhibits—Photographs, box 44
Box 48
Atanasoff, John V. B-3 through F-4-A.  Box 48, Folder 1-29
Note See also: Deposition Exhibits—Photographs, box 44
Box 49
Atanasoff, John V. F-5 through X  Box 49, Folder 1-24
Box 50
Atanasoff, John V. Y, AA, BB, and FF  Box 50, Folder 1-4
Note See also: Deposition Exhibits—Photographs, box 44
 
Atanasoff, Lura, A-N, 1967 - Jan 21, 1969 Box 50, Folder 5
Note See also: Deposition Exhibits—Photographs, box 44
 
Barron, Wallace E.  Box 50, Folder 6
Note Numbers 1-40 are cross-references to location
 
Buchanan, R. E.  Box 50, Folder 7
 
Carr, Ed.  Box 50, Folder 8
Note Cross-referenced to location.
 
Coleman, Ithiel, Jan 22, 1969  Box 50, Folder 9
Note Numbers 1-3, and 6-31 are cross-references to location
 
Griffen, Daniel L.  Box 50, Folder 10-13
 
Hartree, Elaine, Sep 27, 1969  Box 50, Folder 14
 
Legvold, Sam  Box 50, Folder 15
Note Numbers 2-22 are cross-references to location; included is trial/deposition exhibit number cross reference.
 
Murphy, Glenn  Box 50, Folder 16
 
Richards, R. K  Box 50, Folder 17
Note See also: Deposition Exhibits—Photographs, box 44
 
Ritchings, Robert H., Feb 19, 1969  Box 50, Folder 18
 
Deposition Exhibits--Photographs  
Box 44
Photographs from deposition exhibits  Box 44, Folder 19-25
 
Atanasoff, John A. exhibits negatives  Box 44, Folder 29
 
Atanasoff, John A.  Box 44, Folder 22-23, 24-26
 
Atanasoff, Lura  Box 44, Folder 27
 
Carr  Box 44, Folder 23
 
Richards  Box 44, Folder 28
 
Deposition exhibit photographs: number 8-39, 9-40, 12-43, 13-44, and 14-45  Box 44, Folder 30
 
Briefs  
Box 51
Plaintiff's brief, October 1972  Box 51, Folder 10
Box 52
Plaintiff's brief, October 1972 Box 52, Folder 1-3
 
Final computerized plaintiff's brief, after Nov. 29, 1972 
 
Final Judgement  
Box 51
Findings of Fact, Conclusions of Law, and Order for Judgement, Judge Earl R. Larson, 1973 Box 51, Folder 2-4
 
Indexes  
 
Trial transcript keyword index  
 
Plaintiff's summaries by keyword index  
 
Trial exhibit keyword index (2 indexes)  
 
Plaintiff's exhibits index (2 indexes)  
 
Plaintiff's exhibits/brief cross reference index  
 
Trial exhibits by author index (2 indexes)  
 
Plaintiff's allegations index  
Box 19
Trial exhibit/Depositions exhibits cross-reference  Box 19, Folder 30
Box 51
Original index to microfiche  Box 51, Folder 9