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22. Statute of Limitations

  1. Fraud on the Patent Office. If this Court's findings are reversed on appeal, damages to plaintiff will have accrued after May 26, 1963, and plaintiff will be entitled to recover its attorneys' fees and costs trebled.
  2. 1956 Cross-License and Technical Exchange Agreement. The cause of action accrued before May 26, 1963, and is barred, and prior to that date non-speculative damages could have been proved.
    1. Certain of Honeywell damages caused by the 1956 IBM-SR Agreement were nonspeculative before May 26, 1963.
    2. Honeywell's May 26, 1967 Complaint did not raise any claims for damages caused by the 1956 IBM-SR Agreement.
    3. Honeywell first raised a claim for damages caused by the 1956 IBM-SR Agreement in early 1970.
    4. Certain Honeywell damages caused by the 1956 IBM-SR Agreement were nonspeculative before late 1965.
    5. Honeywell's claim based on the 1956 IBM-SR Agreement is barred by the four year statute of limitations.
  3. 1956 Interference Agreement. The cause of action accrued before May 26, 1963, and is barred by the four-year statute of limitations.
  4. 1961 Agreement. The cause of action accrued before May 26, 1963, and is barred by the four-year statute of limitations.
  5. 1965 Agreement. The cause of action accrued after May 26, 1963, and is not barred, but plaintiff has not proven any injury.
  6. Discriminatory Licensing. The cause of action accrued after May 26, 1963, and is not barred.
  7. In view of the invalidity of the ENIAC patent, plaintiff will have suffered not injury or damages.
  8. Pre-Issuance Royalties. The cause of action accrued after May 26, 1963, and is not barred.
  9. Plaintiff has paid nothing and has suffered no injury or damages.
  10. Section 7. The cause of action accrued before May 26, 1963, and is barred.
    1. Honeywell's claims concerning Remington Rand's 1950 acquisitions of EMCC and the ENIAC patent application are barred by the four-year statute of limitations.
    2. Honeywell's Clayton Act claims concerning the 1956 IBM-SR Agreement and the 1961 SR-Western Electric Agreement are barred by the four-year statute of limitations.
  11. I find no fraudulent concealment sufficient to toll the statute of limitations.
    1. There was no fraudulent suppression of the facts concerning the 1956 IBM-SR Agreement which is sufficient to toll the statute of limitations as to that violation of the Sherman Act.

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