Historical Note. Bibliography

Transcription

1 1 of 6 1/10/2010 6:54 PM By: Prepared by Bruce H. Bruemmer, March 1991; revised by Lynn Leitte, November 1999 Collection Size: cubic ft. (52 boxes) Creator: Honeywell, Inc. Acquisition: The records were given to the Charles Babbage Institute by Honeywell, Inc., Access: Access to the collection is unrestricted. Copyright: Most of the records in the collection are court records and are in the public domain. Researchers may quote from the collection under the fair use provisions of the copyright law (Title 17, U.S. Code). Preferred Citation: (CBI 1), Charles Babbage Institute, University of Minnesota, Minneapolis. 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 Honeywell responded in the same year with an antitrust suit charging that the Sperry Rand-IBM crosslicensing 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 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 Following extensive discovery procedures the case went to trial in June 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. Bibliography Atanasoff, John Vincent, "Advent of Electronic Digital Computing," Annals of the History of Computing, Vol. 6, no. 3, (July 1984) Brock, Gerald W., The U.S. Computer Industry: A Study of Market Power. Cambridge, Mass.: Ballinger Publishing, Mauchly, Kathleen R., "John Mauchly's Early Years," Annals of the History of Computing, Vol. 6 no 2 (April 1984) Stern, Nancy, From ENIAC to UNIVAC. Bedford, Mass.: Digital Press, 1981.

2 2 of 6 1/10/2010 6:54 PM 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 listing and description of these indices is attached. A description of the indexes may be found on page 12 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 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. Index Terms Subjects: 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. Organizations: 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. -- Army -- Ordinance Dept. U.S. Army Ballistic Research Laboratory. Moore School of Electrical Engineering.

3 3 of 6 1/10/2010 6:54 PM Illinois Scientific Developments, Inc. People: Atanasoff, John V. (John Vincent) Mauchly, John W. (John William), Rench, Carl F. Goldstine, Herman Heine, Berry, Clifford E. Brainerd, John G. (John Grist), Eckert, J. Presper (John Presper), Larson, Earl R. Bloch, Richard M. (Richard Milton) Desch, Joseph R. Mumma, Robert E. Rajchman, Jan A. Box and Folder List TRIAL RECORDS Trial Testimony Fiche 2 Trial transcripts, complete, on microfiche (97 fiche) Box 52 Testimony of John W. Mauchly (folders 4-8) Volumes 79-80, 82; p ; on microfiche of trial transcripts Trial Exhibits--Numbered Box 1 Numbers 1-52 (folders 1-4) Box 2 Numbers (folders 1-6) Box 3 Numbers (folders 1-7) Box 4 Numbers (folders 1-5) Box 5 Numbers (folders 1-7) Box 6 Numbers (folders 1-5) Box 7 Numbers (folders 1-6) Box 8 Numbers (folders 1-6) Box 9 Numbers 1014 (folders 1-6) Box 10 Numbers (folders 1-6) Box 11 Numbers (folders 1-5) Box 12 Numbers (folders 1-5) Box 13 Numbers (folders 1-6) Box 14 Numbers (folders 1-5) Box 15 Numbers (folders 1-5) Box 16 Numbers (folders 1-4) Box 17 Numbers (folders 1-4) Box 18 Numbers (folders 1-8) Box 19 Numbers (folders 1-5) Box 20 Numbers (folders 1-7) Box 21 Numbers (folders 1-7) Box 22 Numbers (folders 1-5) Box 23 Numbers (folders 1-7) Box 24 Numbers (folders 1-5) Box 25 Numbers (folders 1-5) Box 26 Numbers (folders 1-6)

4 4 of 6 1/10/2010 6:54 PM Box 27 Numbers (folders 1-5) Box 28 Numbers (folders 1-6) Box 29 Numbers (folders 1-6) Box 30 Numbers (folders 1-5) Box 31 Numbers (folders 1-6) Box 32 Numbers (folders 1-6) Box 33 Numbers (folders 1-7) Box 34 Numbers (folders 1-5) Box 35 Numbers (folders 1-5) Box 36 Numbers (folders 1-4) Box 37 Numbers (folders 1-5) Box 38 Numbers (folders 1-4) Box 39 Numbers (folders 1-6) Box 40 Numbers (folders 1-5) Box 41 Numbers (folders 1-6) Box 42 Numbers 13,850-25,270 (folders 1-3) Box 51 Trial exhibits listing (folders 5-8) 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 (folder 4) Numbers [Atanasoff] diagram and notes (folder 5) Numbers [Wilson] (folder 6) Numbers [Rose] (folder 7) Number (folder 8) Numbers (folder 9) Topic and diagram charts for discussion of Atanasoff computer [Unnumbered] program charts (folder 10) Trial Exhibits--Unnumbered Box 42 Newspaper clipping and magazine article on Atanasoff computer, 1942 (folder 11) Memorandum: Atanasoff, John V., interview and background, 1967 (folder 12) Memorandum: Atanasoff's disclosure to Mauchly of the concept of an ENIAC, 1967 (folder 13) Memorandum: Demonstration computer model built by Atanasoff for Control Data; breadboard model drawings, 1968 (folder 14) Eckert, J. Presper, research notebook, (folder 15) Box 43 Mauchly, John W.: chronological event list and reference chronology, n.d. (folder 1) Mauchly, John W., research notebook, (folder 2) Shaw, Robert F.: research notebook, 1949, 1951 (folders 3-4) Von Neumann: John, correspondence, (folder 5) Von Neumann, John, chronological event list, n.d. (folder 6) Computer Comparisons, n.d. (folder 7) Computer Control Company, Inc. correspondence, 1964 (folder 8) Projects PX and PY, summary, n.d. (folder 9) Trial Exhibits--Photographs Box 44 Photographic Exhibits numbers (folders 1-20) Photographic Exhibits numbers 22469, 22514, Atanasoff, Lura (folder 21)

5 Trial Exhibits--Films Box 45 Exhibit 4056: Unedited news film of ENIAC demonstration, February 1946 (2 reels and 1 VHS cassette) Exhibit 15079: "Eniac to Univac," produced by Sperry Rand, n.d. (1 reel) DEPOSITION RECORDS Deposition Testimony Box 46 Atanasoff, John V.: November 11- December 4, 1968 (folders 1-6) Box 47 Atanasoff, John V.: December 5-6, 1968 (folders 1-2) Atanasoff, Lura, January 21, 1969 (folder 3) Atanasoff, Lura, December 5, 1967 (folder 4) Legvold, Sam, December 6, 1967 (folder 5) Mauchly, John W., October 11, 12, and 13, 1967 (folders 6-10) Deposition Exhibits Box 47 Atanasoff, John V. A-1 through B-2 (folders 11-15) Box 48 Atanasoff, John V. B-3 through F-4-A. (folders 1-29) Box 49 Atanasoff, John V. F-5 through X (folders 1-24) Box 50 Atanasoff, John V. Y, AA, BB, and FF (folders 1-4) Atanasoff, Lura, A-N, Jan 21, 1969 (folder 5) Barron, Wallace E. (folder 6) Numbers 1-40 are cross-references to location Buchanan, R. E. (Box 50, folder 7) Carr, Ed. (folder 8) Cross-referenced to location. Coleman, Ithiel, Jan 22, 1969 (folder 9) Numbers 1-3, and 6-31 are cross-references to location Griffen, Daniel L. (folders 10-13) Hartree, Elaine, Sep 27, 1969 (folder 14) Legvold, Sam (folder 15) Numbers 2-22 are cross-references to location; included is trial/deposition exhibit number cross reference. Murphy, Glenn (folder 16) Richards, R. K. (folder 17) Ritchings, Robert H., Feb 19, 1969 (folder 18) Deposition Exhibits--Photographs Box 44 Photographs from deposition exhibits (folders 19-25) Atanasoff, John A. exhibits negatives (folder 29) Atanasoff, John A. (folders 22-23, 24-26) Atanasoff, Lura (folder 27) Carr. (folder 23) Richards. (folder 28) Deposition exhibit photographs: number 8-39, 9-40, 12-43, 13-44, and (folder 30) BRIEFS Box 51 Plaintiff's brief, October 1972 (folders 10) Box 52 Plaintiff's brief, October 1972 (folders 1-3) Fiche 1 Final computerized plaintiff's brief, after Nov. 29, of 6 1/10/2010 6:54 PM

6 6 of 6 1/10/2010 6:54 PM FINAL JUDGEMENT INDEXES Box 51 Findings of Fact, Conclusions of Law, and Order for Judgement, Judge Earl R. Larson, 1973 (folders 2-4) Fiche 3 Trial transcript keyword index Fiche 4 Plaintiff's summaries by keyword index Fiche 5-6 Trial exhibit keyword index (2 indexes) Fiche 7-8 Plaintiff's exhibits index (2 indexes) Fiche 9 Plaintiff's exhibits/brief cross reference index Fiche Trial exhibits by author index (2 indexes) Fiche 12 Plaintiff's allegations index Box 19 Trial exhibit/depositions exhibits cross-reference (folder 30) Box 51 Original index to microfiche (folder 9) Microfiche Indices Descriptions The following are descriptions of the data to be found on each microfiche. Descriptions follow the same order as fiche listing above. Further information on the physical arrangement of data on the fiche is filed with the fiche. Brief Indexes: 1. FINAL CMPTR BRF I-V (24 fiche): Plaintiff's (Honeywell) Final Computerized Brief. Includes: Event statement, defendant's pretrial admission or denial, plaintiff's comment on defendant's reply, revisions of event statements and replies, defendant's post trial argument (Aug. 15, 1972), plaintiff's response (Sept. 30, 1972), defendant's final argument (Nov. 29, 1972), full identification of exhibits used by plaintiff to support event statements, and transcript page references. Transcript Indexes: 2. TRIAL TRANSCRIPT (97 fiche): Trial transcript 3. TRAN KWIC 03/13/72 (3 fiche): An alphabetical keyword listing from trial transcript. Each entry is preceded by a transcript page number. 4. TRANSCRIPT KWIC (2 fiche): An alphabetical keyword listing from plaintiff's testimony summaries. Each entry is preceded by event number from plaintiff's final brief and is followed by trial transcript page number. Exhibit Indexes: 5. TRIAL EXHIBIT KWIC (6 fiche): An alphabetical keyword listing of subject matter descriptions of all exhibits of record. Includes: Date of document, keyword, exhibit number, and whether submitted by plaintiff or defendant. 6. TE KWIC 12/07/71 (16 fiche): An alphabetical keyword listing of subject matter descriptions of the trial exhibits of record. Each entry is followed by an exhibit number, local ID number, and the date of the exhibit. 7. HEX OFFERED 01/09 (6 fiche): A numerical listing of trial exhibits offered by plaintiff (Honeywell). Includes: Trial exhibit number, date, author or addressee, source, subject matter description, and status of exhibit. 8. PLAINTIFF'S EXHIBITS (7 fiche): A numerical listing of Plaintiff's (Honeywell) trial exhibits. Includes trial exhibit number, date of exhibit, type of document, author or addressee, and subject matter description of exhibit. 9. EXHIBIT/BRIEF X-REF (2 fiche): Plaintiff's (Honeywell) exhibits/brief cross-reference index. Includes: Exhibit number and event statement supported by it. 10. AUTHOR/CHRONO (8 fiche): An alphabetical listing by author of all exhibits of record. Exhibits of each author are chronological by date. Includes: Author, addressee, date of document, exhibit number, and subject of exhibit. 11. AUTHOR/ADDRESSEE (8 fiche): An alphabetical listing by author of all exhibits of record. Exhibits of each author alphabetical by addressee. Includes: author, addressee, date of document, exhibit number, and subject of exhibit. Allegations Index: 12. PL. ALLEGATIONS (1 fiche): A numerical listing of the major (undecimalized) allegations in the final brief, serving as a general subject matter index and as plaintiff's proposed findings of fact.