Bourns Inc. v. Raychem Corp. / CV981765CM
Published: Sep. 26, 1998 | Result Date: Aug. 10, 1998 | Filing Date: Jan. 1, 1900 |Case number: CV981765CM Verdict – $64,000,000
Judge
Court
USDC Central
Attorneys
Plaintiff
Mark A. Samuels
(O'Melveny & Myers LLP)
Defendant
Peter A. Wald
(Latham & Watkins LLP)
Facts
The plaintiff in this case, Bourns Inc., was an electronic components maker that alleged defendant Raychem Corporation obtained four patents in the 1970s and 1980s for electronic fuse technology and used them to monopolize the market for the fuse devices. The technology is known as polymeric positive temperature coefficient (PPTC) which produces tiny fuselike devises that, in response to too much heat or current, can automatically shut off electric circuits and then automatically reset themselves. They are used in computers, cell phone batteries, automotive motors, stereo speakers and other consumer products. When the plaintiff tried to enter the market starting in the late 1980s, it was threatened with patent infringement actions. The plaintiff then filed this antitrust suit against Raychem. The defendant filed a counterclaim against the plaintiff alleging misappropriated trade secrets involving a former employee of defendant. That claim was severed from this action and remains to be tried.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $_________. The defendant made a C.C.P. º998 offer of compromise for$___________.
Damages
The plaintiff claimed damages based on the amount it would have earned if it had been allowed to enter the market earlier.
Other Information
The verdict was reached approximately three years and three months after the case was filed.
Deliberation
four days
Length
26 days
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