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Honeywell v. Sperry Rand


Honeywell, Inc. v. Sperry Rand Corp., et al. 180 USPQ 673 (D. Minn. 1973) (Case 4-67 Civil 138, 180 USPO 670) was a landmark U.S. federal court case that in October 1973 invalidated the 1964 patent for the ENIAC, the world's first general-purpose electronic digital computer, thus putting the invention of the electronic digital computer into the public domain.

The case was a combination of two separate lawsuits: one brought by Sperry Rand Corporation and its holding company Illinois Scientific Developments against Honeywell Corporation in Washington, D.C. charging Honeywell with patent infringement and demanding royalties, and a countersuit filed in Minneapolis, Minnesota by Honeywell charging Sperry Rand with monopoly and fraud and seeking the invalidation of the ENIAC patent, alleged to be infirm. Both suits were filed on May 26, 1967, with Honeywell filing just minutes earlier, a fact that would later have tremendous bearing on the case.

The trial was presided over by U.S. District Court Judge Earl R. Larson between June 1, 1971 and March 13, 1972 in Minneapolis, Minnesota, a jurisdiction decided when D.C. Circuit Chief Judge John Sirica ruled that Honeywell had won the May 26 race to file the suit in court. Attorneys for Sperry Rand wanted the case to be tried in Washington, D.C., a district perceived to be friendlier to the rights of patentholders; by contrast, Honeywell was at the time the largest private employer in Minnesota. The plaintiff's final 500-page brief in the case was filed September 30, 1972.

Chief among the disputes Honeywell v. Sperry Rand was to resolve were:


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