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23. Infringement of ENIAC

  1. Assuming that ENIAC is determined to be valid and enforceable, I find that certain Honeywell products infringe various claims of the ENIAC.
    1. Prior to the trial, pursuant to Rule 30 (b) (6). F.R.C.P., defendant ISD took the deposition of Honeywell consisting of the testimony of officers and other persons it designated to testify on its behalf with respect to Honeywell products H-201-0, H-201-1, H-201-2, H-121, H-1201, H-2201, H-4201, H-111/121/126, H-800, H-400 and D-1000 and the printed documents describing these product, and said deposition of Honeywell and its printed descriptive materials were received in the evidence at the trial.
    2. Dr. Walter R. Beam, a witness called by defendant ISD, is an electronics expert who has specialized in electronic digital computers, with extensive experience as an engineer, a University faculty member, and an author. Dr. Beam made an investigation of the Honeywell products H-201-0, H-201-1, H-201-2, H-121, H-1201, H-2201, H-4201, H-111/121/126, H-800, H-400 and D-1000, and considered the printed descriptive documents relating thereto (including the Schrimpf patent No. 3,201,762 containing descriptive matter relating to the D-1000 computer) and the deposition of Honeywell taken pursuant to Rule 30 (b) (6). He also made an initial study of the ENIAC patent [but not the "file wrapper" or prior art] in order to determine the relationship between Honeywell's products and the subject matter claimed in the ENIAC patent. He devoted more than 1,000 hours to this study.
    3. Dr. Beam explained the manners in which the apparatus disclosed in the ENIAC patent may be arranged to perform different operations and to solve different types of problems to achieve accurate answers.
    4. One particular arrangement which is disclosed in the ENIAC patent calls for an ENIAC function table to be connected in a way such that a program of sequences takes place. Claims 56 and 57 are directed to the apparatus and combination of elements which make possible to carrying out of such as programming arrangement.
    5. If Claim 56 is valid, it is infringed by each of the following Honeywell products: H-201-0, H-201-1, H-201-2, H-121, H-1201, H-2201, H-4201, H-111/121/126, H-800, H-400 and D-1000. Each of these products contains the combination of elements required by Claim 56 and the claim applies in the same manner as in the ENIAC patent.
    6. If Claim 57 is valid, it is infringed by each of the following Honeywell products: H-201-0, H-201-1, H-201-2, H-121, H-1201, H-2201, H-4201, H-111/121/126, H-800, H-400 and D-1000. Each of these products contains the combination of elements required by Claim 57 and the claim applies in the same manner as in the ENIAC patent.
    7. Claim 52 covers an arrangement to permit program sequences to be selected alternatively, i.e., an arrangement for branching. In such an arrangement the apparatus disclosed in the ENIAC Patent is so connected and programmed as to cause the next program sequence step to be taken from some location in the storage means (function table) which is not sequentially arranged with respect to the previous step.
    8. If claim 52 valid, it is infringed by each of the following Honeywell products: H-201-0, H-201-1, H-201-2, H-121, H-1201, H-2201, H-4201, H-111/121/126, H-800, H-400 and D-1000. Each of these products contains the combination of elements called for by Claim 52 and the claim applies in the same manner as in the ENIAC patent. Each of these Honeywell products uses this program feature in a substantially similar way and for the same general purpose as the apparatus described in the ENIAC patent.
    9. Claim 55 describes another arrangement for sequencing a computer and for using a storage means (its function table) for program memory. The operation of such an arrangement in the ENIAC patent is a parallel to that of such Honeywell computers as the H-201-0 computer and the H-4201 computer.
    10. If Claim 55, is valid, it is infringed by each of the following Honeywell products: H-201-0, H-201-1, H-201-2, H-121, H-1201, H-2201, H-4201, H-111/121/126, H-800, H-400 and D-1000. Each of these products contains the combination of elements required by Claim 55 and the claim applies in the same manner as in the ENIAC patent.
    11. Any or all of the three function tables of the ENIAC patent can serve as memory means storing data in selectively accessible locations.
    12. Claim 69 relates to a memory used for storing data items with particular means for accessing those data items from memory.
    13. The accessing of both an ENIAC function table and the Honeywell magnetic core memories is done at electronic speeds, and the selection of a particular location is done at electronic speeds.
    14. If Claim 69 is valid, it is infringed by each of the following Honeywell products: H-201-0, H-201-1, H-201-2, H-121, H-1201, H-2201, H-4201, H-111/121/126, H-800, H-400 and D-1000. Each of these products contains the combination of elements required by Claim 69 and the claim applies in the same manner as in the ENIAC patent.
    15. Claim 65 deals with a memory which has specific means for assessing information in it and for locating that information within it.
    16. If Claim 65 is valid, it is infringed by the following Honeywell products: H-201-0, H-201-1, H-201-2, H-121, H-1201, H-2201, H-4201, H-111/121/126, H-800, H-400 and D-1000. Each of these products contains the combination of elements required by Claim 65 and the claim applies in the same manner as in the ENIAC patent.
    17. Claim 75 also relates to a memory device and with respect to both the ENIAC function table memory operation and the Honeywell memory operation the relationship between the action provided and the result accomplished is the same, that is related data items in closely adjacent storage locations in memory (closely adjacent addresses) are arranged to be accessed with circuitry provided for modifying the address.
    18. If Claim 75 is valid, it is infringed by each of the following Honeywell products: H-201-0, H-201-1, H-201-2, H-121, H-1201, H-2201, H-4201, H-111/121/126, H-800, H-400 and D-1000. Each of these products contains the combination of elements required by Claim 75 and the claim applies in the same manner as in the ENIAC patent.
    19. Claim 78 also relates to a data storing means and the configurations for accessing data from it in particular ways.
    20. If Claim 78 us valid, it is infringed by each of the following Honeywell products: H-201-0, H-201-1, H-201-2, H-121, H-1201, H-2201, H-4201, H-111/121/126, H-800, H-400 and D-1000. Each of these products contains the combinations of elements required by Claim 78 and the claim applies in the same manner as in the ENIAC patent.
    21. Claim 109 relates to the selection of alternative program sequences upon the comparison of two quantities such that, based on some characteristics of the quantities, a choice of a subsequent operation can be made. This claim applies to a compare operation in the ENIAC patent and in the Honeywell equipment and also applies to a sign comparison operation in the ENIAC patent and in the Honeywell equipment.
    22. If Claim 109 is valid, it is infringed by each of the following Honeywell products: H-201-0, H-201-1, H-201-2, H-121, H-1201, H-2201, H-4201, H-111/121/126, H-800, H-400 and D-1000. Each of these products contains the combination of elements required by Claim 109 and the claim applies in the same manner as in ENIAC patent.
    23. Claim 142 relates to a particular type of timing mechanism for a data processing machine. Both the Honeywell products H-201-0, H-201-2, H-121, H-2201 and D-1000 and the apparatus in the ENIAC patent have similar circuits used for the timing of the computer and each of them has as its purpose the production of pulses of accurately determined duration at an accurately known frequency, which is related as a submultiple of the source frequency.
    24. If Claim 142 is valid, it is infringed by each of the following Honeywell products: H-201-0, H-201-1, H-201-2, H-121, H-2201 and D-1000. Each of these products contains the combination of elements required by Claim 142 and the claim applies in the same manner as in the ENIAC patent.
    25. Claim 36 relates to a combination of elements for the interruption of the apparatus which controls the sequencing of a computer whereby its operations may be stepped manually at a slow rate through steps it would ordinarily step through at electronic speeds.
    26. The apparatus described in the ENIAC patent to which Claim 36 is applicable includes the cycling unit which can be halted and caused to advance manually.
    27. If Claim 36 is valid, it is infringed by each of the following Honeywell products: H-201-0, H-201-1, H-201-2, H-121, H-1201, H-2201, H-4201, H-111/121/126, H-800, H-400 and D-1000. Each of these products contains the combination of elements required by Claim 36 and the claim applies in the same manner as in the ENIAC patent.
    28. Claim 122 also related to the facility for manually advancing the operations of the computer and additionally requires certain display means.
    29. If Claim 122 is valid, it is infringed by each of the following Honeywell products: H-201-0, H-201-1, H-201-2, H-121, H-1201, H-2201, H-4201, and H-111/121/126. Each of these products contains the combination of elements called for by Claim 122 and the claim applies in the same manner as in the ENIAC patent.
    30. Claim 8 relates to an electronic computing system in which a control system of pulses is used to manipulate numbers in a series of unites constructed for that purpose and some of which are constructed to do arithmetic operations.
    31. Claim 8 was ENIAC patent application Claim 39 and was in Interference 85,809 in the U.S. Patent Office [in which the Patent Office held Williams had priority on his 1942 invention] and in litigation [but not on any issue of priority] in Sperry Rand Corp. v. Bell Telephone Labs, Inc., 208 F. Supp. 598 (S.D.N.Y. 1962), appeal dismissed [as mooted by settlement] 317 F.2d 491 (2d Cir. 1963).
    32. If Claim 8 is valid, it is infringed by each of the following Honeywell products: H-201-0, H-201-1, H-201-2, H-121, H-1201, H-2201, H-4201, and H-111/121/126. Each of these products contains the combination of elements required by Claim 8 and the claim applies in the same manner as in the ENAIC Patent.
    33. Claim 9 is similar to Claim 8, except that among other distinctions Claim 9 calls for a multiplicity of arithmetic units and the requirement to emit pulse signals significant of the numerical result of respective arithmetic operations.
    34. If Claim 9 is valid, it is infringed by each of the following Honeywell products: H-201-2 and H-4201. Each of these products contains the combination of elements required by Claim 9 and the claim applies in the same manner as in the ENIAC patent.
    35. Claim 83 of the ENIAC patent pertains to the provision of a reservoir for input data and output data so arranged and connected as to permit a very much slower inputting device to operate effectively with a very much faster processor by collecting the input data in a temporary storage means before processing it and placing the data to the output in a second temporary storage means prior to transferring it at a slow rate of speed (as compared to electronic speeds) to an output device. Both the apparatus described in the ENIAC patent and Honeywell products H-201-0, H-201-1, H-201-2, H-121, H-1201, H-2201, H-4201, and H-111/121/126, H-800, H-400 and D-1000 provide the same function in this respect.
    36. If Claim 83 is valid, it is infringed by each of the following Honeywell products: H-201-0, H-201-1, H-201-2, H-121, H-1201, H-2201, H-4201, and H-111/121/126, H-800, H-400 and D-1000. Each of these products contains the combination of elements required by Claim 83 and the claim applies in the same manner as in the ENIAC patent.
    37. Claim 86 relates to another aspect of input operation described in the ENIAC patent and to a similar or parallel operation in the Honeywell systems. Specifically it relates to the ability to perform data processing operations simultaneously with the transmission of data from an input device and the ability to condition continuation of additional data processing operations on the completion of the input operation and the completion of the concurrent data processing operation. Both the apparatus described in the ENIAC patent and Honeywell equipment H-201-0, H-201-1, H-201-2, H-121, H-1201, H-2201, H-4201, and H-111/121/126, H-800, H-400 and D-1000 perform the same function.
    38. If Claim 86 is valid, it is infringed by each of the following Honeywell products: H-201-0, H-201-1, H-201-2, H-121, H-1201, H-2201, H-4201, and H-111/121/126, H-800, H-400 and D-1000. Each of these products contains the combination of elements required by Claim 86 and the claim applies in the same manner as in the ENIAC patent.
    39. Claim 88 pertains to a data processing machine having a capacity for synchronization of data transfer operations between a device with a timer operating at one rate and a second device with a timer operating at a second rate.
    40. If Claim 88 is valid, it is infringed by each of the following Honeywell products: H-201-0, H-201-1, H-201-2, H-121, H-1201, H-2201, H-4201, and H-111/121/126, H-800, H-400 and D-1000. Each of these products contains the combination of elements required by Claim 88 and the claim applies in the same manner as in the ENAIC patent.
    41. With respect to each of Claims 8, 9, 36, 52, 55, 56, 57, 65, 69, 75, 78, 83, 86, 88, 109, 122, 142, the specified combination of elements finds response in a combination of elements in each Honeywell product which infringes such claims; providing that the definition of the term "pulse" is that stated in the 1963 Amendment; thereby, the combination of elements in each infringing Honeywell product cooperates in the same general way and for the same general purpose as that described in the ENIAC patent.
    42. The meaning of the words of the 17 claims of the ENIAC patent in suit is the same as applied both to the apparatus of the ENIAC patent and the accused Honeywell equipment.
    43. In determining whether an accused device infringes a valid patent, resort must be had in the first instance to the words of the claim. If the accused matter falls clearly within the claim, infringement is made out and that is the end of it.
    44. If any of the seventeen claims of the ENIAC patent in suit is valid, ISD is entitled to an injunction against continued infringement by Honeywell of any such claim.

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