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HyPOINT TECHNOLOGY, INC. v. HEWLETT-PACKARD CO.

No. 90-3526.

949 F.2d 874 (1991)

HyPOINT TECHNOLOGY, INC., Plaintiff-Appellee, v. HEWLETT-PACKARD CO., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 21, 1991.

Rehearing and Rehearing Denied January 7, 1992.

Attorney(s) appearing for the Case

John J. Eklund, Calfee, Halter & Griswold, Cleveland, Ohio, Ronald S. Katz (argued and briefed), Janet S. Arnold (briefed), and Victoria E. Brieant (briefed), Coudert Bros., San Francisco, Cal., for plaintiff-appellee.

Leslie W. Jacobs (argued), Mark A. Gamin, Thompson, Hine and Flory, Cleveland, Ohio, Robert A. Skitol (briefed), C. Coleman Bird, James A. Meyers (briefed), Pepper, Hamilton & Scheetz, Washington, D.C., and S.T. Jack Brigham, III, and Marcia Howe Adams, Hewlett-Packard Co., Palo Alto, Cal., for defendant-appellant.

Evan R. Chesler (briefed), Cravath, Swaine & Moore, New York City, James W. Olson (briefed), Blue Bell, Pa., Ivor C. Armistead (briefed), Maynard, Mass. and Florinda Iascone (briefed), Lowell, Mass., for amici curiae.

Before JONES and NORRIS, Circuit Judges, and JOINER, Senior District Judge.

Rehearing and Rehearing En Banc Denied January 7, 1992.

JOINER, Senior District Judge.

Defendant Hewlett-Packard Co. (Hewlett-Packard) appeals from a judgment in favor of the plaintiff, HyPoint Technology, Inc. (HyPoint), in the amount of $1,500,000, treble the jury verdict. The complaint, filed on September 23, 1987, alleged in Counts I and II that the defendant unlawfully attained or maintained a monopoly in violation of section 2 of the Sherman Act. 15...

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