Control Data Corporation Records, Legal Records

Control Data Corporation Records

Legal Records, 1952-1983

CBI 80

Series 11

Collection Size: 9.5cubic ft. (18 boxes)

Creator: Control Data Corporation

Prepared by: Maria Plonski, Amanda Schwarze, and Josh Knatterud-Hubinger, March and April, 2004.

Acquisition: The records were given to the Charles Babbage Institute by Ceridian Corporation in 1991.

Access: Access to the collection is unrestricted.

Copyright: The Charles Babbage Institute holds the copyright to all materials in the collection, except for items covered by a prior copyright (such as published materials). Researchers may quote from the collection under the fair use provisions of the copyright law (Title 17, U.S. Code).

Preferred Citation: Control Data Corporation Records, Legal Records, (CBI 80), Charles Babbage Institute, University of Minnesota, Minneapolis.

Historical Note

The Control Data Corporation's (CDC) legal needs were handled by legal experts both inside and outside the company. These experts provided assistance in many aspects of the company's operations, including litigation, patent work, computer sale agreements and leases, real estate leases, stock offerings, contracts, and acquisitions.

Control Data's involvement in litigation began early in the company's history. In 1958, Sperry Rand sued CDC for patent infringement and illegal use of trade secrets based on its belief that several of its former employees (who had left Sperry Rand for CDC) had used research and patents developed at Sperry Rand. CDC eventually won the case. In 1964, Honeywell brought suit against the Control Data Corporation for patent infringement. The case was settled by 1967.

Scope and Content Note

This series consists of records documenting Control Data Corporation (CDC) litigation, including the Honeywell vs. CDC and Sperry Rand vs. CDC cases, as well as records documenting the everyday legal activities of the company. Materials include court documents, legal briefs, case background materials, memos and correspondence, and patent files. Also included are PLATO legal agreements and contracts, as well as legal agreements/contracts (1970s - 1980s) from the files of James F. Hogg, Vice President and Associate General Counsel for CDC, 1975-1985. Hogg was also a partner with the firm Oppenheimer Wolff & Donnelly in Minneapolis, 1971-1977. Control Data had a relationship with this firm beginning in the early years of the company, and legal correspondence from the firm's lawyers can be found throughout the CDC collection.

The bulk of the materials in this collection were created from 1952-1983; however, some patent records and other background documents from the Sperry Rand vs. CDC and Honeywell vs. CDC cases date as early as 1919.

This series includes few records from the CDC vs. IBM case. More information about CDC vs. IBM can be found in the William C. Norris Executive Papers series and in an oral history with Elmer B. Trousdale (OH 271). More information about CDC litigation can be found in the News Releases series, in the William C. Norris Executive Papers series, and in the Executive History Project Records under John Sciamanda and James F. Hogg.

Legal documents from the early years of CDC (1957-1961) can be found in the Executive Papers series under Fremont Fletcher, including correspondence regarding Sperry Rand vs. CDC and CDC’s legal dispute with E.J. Manning, former owner of Cedar Engineering Corporation (CDC’s first subsidiary).

Researchers should consult the following series for additional information on the Control Data Corporation's legal activities:

Executive Papers - William C. Norris
Executive Papers (Fremont Fletcher)
Executive History Project Files (1980) (John Sciamanda, James F. Hogg)
News Releases

Acronyms used in this finding aid:

CETA = Comprehensive and Employment Training Act

Arrangement of the Collection

Legal Subject Files

Honeywell vs. Control Data Corporation

Sperry Rand vs. Control Data Corporation

Index Terms

Control Data Corporation.

Honeywell, inc.

Sperry Rand Corporation.

Sperry Univac.

Patent suits -- United States.

Computers -- United States -- Patents.

PLATO (Electronic Computer System).

Box and Folder List

Legal Subject Files, Alphabetical, 1957-1983

Antitrust: Fairchild Camera and Instrument Corp. vs. Data General Corp., 1981 (Box 1, folder 1)
Business Center Training, 1980-1981 (Box 1, folder 2)
"C," 1979-1981 (Box 1, folder 3)
CDC vs. IBM, Depositions, 1971 (3 folders, Volumes 1-3) (Box 1, folders 17-19)
CDC vs. IBM and Commercial Credit Company (CCC), Civil Action 3-68-312, 1971 (Box 4, folder 5)
CDC vs. Libbey, Owens Ford Company, et. al., 1977-1978 (Box 1, folders 20-21)
Central Enhancement and Maintenance (CEM) Services, Software, 1979 (Box 1, folder 4)
CETA/STIP Contracts, 1978 (Box 1, folder 9)
City Venture/Rural Ventures, Inc., Services Agreements, 1980-1982 (Box 1, folder 5)
Commercial Credit Company, 1979 (Box 1, folder 6)
Compiler Systems, Inc., 1981 (Box 1, folder 7)
Comprehensive and Employment Training Act (CETA), San Antonio, Courseware, 1980-1981 (Box 1, folder 8)
Computer Contract Disputes, 1966 (Box 1, folder 10)
Computer Division

Sales, Ben Ferber, 1960-1962 (Box 3, folder 2)
Sales, Customer Contact Reports, Ben Ferber, 1959-1961 (Box 3, folder 1)
Sales, Employment Agreement, Ben Ferber, 1959 (Box 3, folder 3)

Computerland Corporation, 1981 (Box 1, folder 11)
Conflict of Interest, 1979-1980 (Box 1, folder 12)
Continental Forms, Inc., 1981 (Box 1, folder 13)
Contract Administration, 1977-1980 (Box 1, folder 14)
Contract Processing Procedure, 1977-1979 (Box 1, folder 15)
Control Data Business Advisors, Inc.

1973-1980 (Box 3, folder 4)
1981 (Box 1, folder 16)
Business Plans/Guidelines, 1980 (Box 7, folder 1)

Control Data Corporation Employees’ Recreational Foundation, 1968-1980 (Box 1, folders 22-23)
Control Data Middle East, Inc., National Iranian Gas Company, 1979-1980 (Box 1, folders 24-25)
Control Data Middle East, Inc./Computer Terminals of Iran, PLATO Agreements, 1978 (Box 1, folders 26-27)
Control Data Properties, Inc., 1980-1982 (Box 2, folders 1-2)
Consulting Agreements

1976-1977 (Box 2, folder 5)
1978-1981 (Box 2, folder 6)
3M, 1977 (Box 2, folder 3)
John Dammeyer, 1976-1980 (Box 2, folder 4)
Executed, 1979-1981 (Box 2, folder 7)
Forms/Procedures, 1976, 1979-1980 (Box 2, folder 8)
Independent Sales Representatives, 1980-1982 (Box 2, folder 9)
Instructor Services, 1979-1981 (Box 2, folder 10)
International, 1979 (Box 2, folder 11)
Jaros, Ladislav, 1983 (Box 4, folder 9)

Correspondence and Memos, 1962-1963, 1980-1981 (Box 2, folder 12)
Correspondence, James F. Hogg, 1982-1983 (Box 2, folder 13)
Courseware

Agreements, 1979-1981 (Box 2, folder 14)
Development, 1976-1981 (Box 2, folder 15)
Legal Review, 1976-1981 (Box 2, folder 16)

Custom Computer Systems, Inc. vs. Ohio Scientific, Inc., CDC, et. al., 1980-1981 (Box 4, folder 6)
Cybernet, 1978-1980 (Box 2, folder 17)
Cybersearch, 1976-1980 (Box 2, folder 18)
Data, Inc., License Dispute and Settlement, 1981-1982 (Box 2, folder 19)
Data General/TBS, 1980-1981 (Box 2, folder 20)
Data Maintenance Corporation (DMC), 1980 (Box 2, folder 21)
Data Point Corporation, 1981 (Box 2, folder 22)
DWO Quong Fok Lok Sow Inc., 1980-1981 (Box 2, folder 23)
Ethics Policies, 1977-1981 (Box 16, folder 1)
Executive Financial and Estate Planning/Counseling, 1980 (Box 16, folder 2)
Export Administration, 1979-1980 (Box 16, folder 3)
Export License Status and Forecast Reports, 1980-1981 (Box 16, folder 4)
Federal Communications Commission (FCC), First Computer Inquiry, 1966-1973 (Box 16, folder 5)
Federal Trade Commission Investigation, Courseware, 1971-1974 (Box 2, folder 24)
Fochtman, John F. (consultant), 1981 (Box 16, folder 8)
Foreign Corrupt Practices Act, 1978-1980 (Box 17, folders 1-2)
Foreign Payments Case, U.S. vs. CDC, 1980-1982 (Box 4, folder 7)
Franchises/Franchising, 1977-1979 (Box 17, folder 3)
Genovese, J.A., Patent and Trademark Department Monthly Reports, and Correspondence, 1978-1982 (Box 17, folder 4)
Government Contracting, 1976-1980 (Box 17, folder 5)
Grants, 1979-1980 (Box 17, folder 6)
H&S Information Management Group, Inc., 1983 (Box 2, folders 25-26)
Honeywell Information Systems, Inc. and Computer Peripherals, Inc. Agreement, 1974 (Box 15, folder 1)
Indemnification, 1980 (Box 4, folder 8)
Iran

1978-1981 (Box 15, folder 2)
Computer Terminals of Iran, 1977 (Box 2, folder 27)
Computer Terminals of Iran (CTI), 1978 (Box 2, folder 28)
Computer Terminals of Iran, 1979 (Box 2, folder 29)
Joint Venture Company, 1974-1976 (Box 8, folders 1-3)
Joint Venture Company – Agreements, 1974-1975 (Box 8, folders 4-5)
Ministry of Energy, 1978 (Box 15, folder 3)

Japan, 1979-1980 (Box 4, folder 1)
Jones, Day, Reavis & Pogue, 1979-1981 (Box 4, folder 2)
Judicial Panel on Multidistrict Litigation, 1970 (Box 2, folder 30)
Kerotest, 1978-1981 (Box 4, folder 3)
"L", 1980-1981 (Box 15, folder 4)
LEASCO Data Processing Equipment Corporation, 1966 (Box 8, folder 6)
Legal Agreements, 1957-1959, 1980-1981 (Box 8, folder 7)
Legal Audit, Approved Policy and Procedure, 1979 (Box 4, folder 4)
Legal Files (Misc.), 1972-1973 (Box 8, folder 8)
Legal Personnel, 1979-1980 (Box 2, folder 31)
Legal Support Services, 1976-1979 (Box 2, folder 32)
Library, Legal Materials Acquisitions, 1979-1981 (Box 15, folder 5)
License Agreements, Software, 1980-1981 (Box 15, folder 6)
Licensing

1976-1977 (Box 15, folder 7)
1977 (Box 15, folder 8)
1977-1982 (Box 15, folder 9)
Agreements, 1981 (Box 15, folder 10)

"M", 1978-1982 (Box 15, folder 11)
Magnuson-Moss Warranty Act, 1979-1980 (Box 15, folder 12)
Microcomputer, 1979 (Box 15, folder 13)
Montgomery Ward, 1978-1979 (Box 15, folder 14)
"N", 1980-1981 (Box 15, folder 15)
Nonprofit Corporation, 1975 (Box 8, folder 9)
Northern States Power Company, 1980-1981 (Box 15, folder 16)
"O", 1979-1981 (Box 15, folder 17)
Patents/Trademarks, 1960-1963, 1980-1981 (Box 15, folder 18)
PLATO

1974-1976 (Box 6, folders 3-4)
Agreements, 1970 (Box 5, folder 1)
D. L. Bitzer, Patent: Gaseous Display and Memory Apparatus (3,559,190), 1971 (Box 5, folder 2)
D. L. Bitzer, Patent: Versatile Display Teaching System (3,405,457), 1968 (Box 5, folder 3)
CDC Policies, 1972, 1974 (Box 5, folder 4)
Control Data Business Advisors, Inc., Business Plans/Guidelines, 1980 (Box 7, folder 1)
Copyright Considerations, 1975-1979 (Box 5, folder 5)
Correspondence, 1970, 1973-1974 (Box 5, folder 6)
Correspondence, 1975 (Box 7, folders 2-3)
Correspondence, 1975-1976 (Box 5, folder 7)
Correspondence, 1976 (Box 5, folder 8)
Courseware Agreements, 1975 (Box 5, folder 9)
Mel L. Doelz, Consulting and Patent Agreements, 1975-1979 (Box 7, folders 4-7)
Federal Communications Commission (FCC), 1976-1977 (Box 16, folder 6)
Federal Judicial Center, 1978-1979 (Box 16, folder 7)
Florida State University, 1975-1976 (Box 18, folder 1)
Florida State University, 1976-1977 (Box 18, folder 2)
Legal Files (Misc.), 1970-1971 (Box 5, folder 10)
Lessons, n.d. (Box 6, folder 1)
Lessonware Contracts, c. 1974 (Box 7, folder 8)
Magnavox OEM Agreement, 1974-1975 (Box 7, folder 9)
"Measures to Restore Competition in the Computer Industry…" 1972 (Box 7, folder 10)
Moen Research, 1974 (Box 7, folder 11)
National Science Foundation

1975-1976 (Box 6, folder 2)
PLATO Courseware, 1976-1978 (Box 7, folders 12-16)
Proposal, 1975 (Box 7, folder 17)

Owens–Illinois, 1974-1975 (Box 7, folder 18)
Public Services Satellite Consortium, 1975 (Box 7, folder 19)
Renegotiation Objectives, 1973 (Box 7, folder 20)
Service Contract, 1974 (Box 7, folder 21)
Software License Agreement, Standard Forms, 1974-1975 (Box 6, folder 5)
Takeovers, 1969, 1974 (Box 15, folder 30)
System Access Service Schedule, 1974 (Box 7, folder 22)
Trademark, 1974-1975 (Box 7, folder 23)
University of Georgia Contract, 1975 (Box 7, folder 24)
University of Illinois, CBE Grant Awards, 1968-1973 (Box 6, folder 6)
University of Illinois, Lease Agreement, 1975 (Box 7, folder 26)
University of Illinois Agreements, 1975-1976 (Box 7, folder 25)
University of Massachusetts, 1974 (Box 7, folder 27)
University of Minnesota, 1975 (Box 7, folder 28)
University of Nebraska, 1974 (Box 7, folder 29)
University of Quebec, 1976 (Box 18, folders 3-4)
University of Quebec, 1976-1977 (Box 18, folder 5)
University Patents, Inc., 1968-1975 (Box 6, folder 7)
U.S. vs. IBM, Interim Relief, 1975-1979 (Box 7, folder 31)
U.S. vs. IBM, United States District Court, 1975 (Box 7, folder 30)
Venezuela, undated. (Box 18, folder 6)
Venezuela, 1975 (Box 18, folders 7-8)

Policy and Guidelines for Compliance with Trade Regulation Laws, June 1976 (Box 15, folder 19)
Prentice-Hall, Inc., 1981 (Box 15, folder 20)
Prison Industry Program

Background Legal Research, circa 1977 (Box 15, folder 21)
Industry/Occupational Statistics, 1980 (Box 15, folder 22)
Proposals, Correspondence, and Agreements, 1981 (Box 15, folder 23)

Raymond Rosen & Co., Inc., Philadelphia, 1983 (Box 15, folders 24-25)
Raymond Rosen & Co., Inc., Property Lease and Sales Agreements, 1983 (Box 15, folder 26)
Republic Airlines, Inc., 1982-1983 (Box 15, folder 27)
"Selected Aspects of a Foreign Licensing Agreement," undated. (Box 2, folder 33)
Software Agreement, Employee/Author, 1980 (Box 15, folder 28)
Venezuela Contracts, INCE Courseware, 1978-1979 (Box 4, folder 10)
Warranty Card, 1980 (Box 15, folder 29)

Honeywell vs. CDC, 1919-1966

Bloch Reference Material, 1919-1964 (Box 10, folders 1-2)
Bloch Reissue Patent #24,447

General Correspondence, 1964-1965 (Box 10, folder 3)
General History File, 1965-1966 (Box 10, folder 4)
Trial Brief for Defendant (Drafts), (Box 9, folders 27-28)

Civil Action 65C 1155

Depositions, February, 1966 (Box 9, folder 1)
Interrogations and Answers, 1965-1966 (Box 9, folder 2)

Control Data Engineer’s Log Book, Paul Kristensen, 1960-1965 (Box 9, folder 3)
Court Actions, 1965-1966 (Box 9, folder 4)
Defendant’s Trial Brief in Respect of Issues Raised by Kent Patent in Suit No. 3,012,231 (Draft 1), August 1, 1966 (Box 9, folder 6)
Defendant’s Trial Brief on Issues Raised by Lawrance et. al. Patent in Suit No. 2,994,903 (Draft 1), August 12, 1966 (Box 9, folder 5)
Defendant’s Trial Brief on Issues Raised by Pendleton Patent #2,866,637, References Mentioned, 1957-1958 (Box 9, folder 7)
Defendant’s Trial Brief on Issues Raised by Pendleton Patent #2,866,637 (Draft 1), August 10, 1966 (Box 9, folder 8)
Defendant’s Trial Brief on Issues Raised by Pendleton Patent in Suit No. 3,097,778, References Mentioned, 1928-1965 (Box 9, folder 9)
Defendant’s Trial Brief on Issues Raised by Pendleton Patent in Suit No. 3,097,778 (Draft 1), August 9, 1966 (Box 9, folder 10)
Depositions

James H. Binger, May 1966 (Box 9, folder 11)
Richard M. Bloch, May 1966 (Box 9, folder 12)
Robert M. Boehme, May 1966 (Box 9, folder 13)
Walter W. Finke, May 1966 (Box 9, folder 14)
John C. Kent, May 1966 (Box 9, folder 15)
Dr. Richard B. Lawrance, May 1966 (Box 9, folder 16)
Robert Pendleton, May 1966 (Box 9, folder 17)

ERA Engineer’s Log Book, Frank Mullaney, Project 1100, 9041, 1952-1954 (Box 9, folder 18)
General History File

January 1964-December 1965 (Box 9, folder 19)
January-May 1966 (Box 9, folder 20)
June-December 1966 (Box 9, folder 21)

Kent Patent #3,012,231

1956 (Box 11, folder 1)
1961-1966 (Box 9, folder 22)

Lawrance Patent #2,994,903

1942-1966 (Box 9, folder 23)
1958 (Box 11, folder 2)

Patents Mentioned in Defendant’s Trial Brief on Issues Raised by Lawrance et. al. Patent in Suit No. 2,994,903: 1921-1961 (Box 9, folder 24)
Pendleton Patent #2,866,637, Drawings and Correspondence, 1956-1966 (Box 11, folder 3)
Pendleton Patent #3,097,778, 1928-1965 (Box 11, folder 4)
Plaintiff’s Exhibits, 1965 (Box 9, folder 25)
Prior Patents Mentioned in Trial Brief re: Kent Patent 3,012,231: 1954-1965 (Box 9, folder 26)
Supporting Documents (Project LOOP)

606 Adapter, 1962 (Box 12, folder 1)
606 Tape Transports – Correspondence and Information, 1962 (Box 12, folder 2)
606 Transport, 50 Cycle, 1962-1963 (Box 12, folder 3)
AMP Connectors, 1961 (Box 12, folder 4)
"An Advanced Magnetic Tape System for Data Processing," 1959 (Box 12, folder 5)
Capstan Design Plans/Drawings, 1960 (Box 12, folder 6)
Cost Reduction Memos, 1962-1963 (Box 12, folder 7)
Eicor, Inc., 1953-1961 (Box 12, folder 8)
Engineer’s Correspondence, 1960-1964 (Box 12, folder 9)
Head Assembly Drawings, Shepherd Industries, Inc., 1960 (Box 12, folder 10)
Honeywell, Magnetic Tape Handlers, 1960 (Box 12, folder 11)
Model Shop, Follow-up List, 1960-1961 (Box 12, folder 12)
Motor Testing Data, 1961-1962 (Box 12, folder 13)
Patent Infringement, 1947, 1962-1966 (Box 12, folder 14)
Project 5080, Good Cards, 1959-1961 (Box 12, folder 15)
Project 5080, History Cards, c. 1961 (Box 12, folder 16)
Project 5080, Logic Drawings, 1960 (Box 12, folder 17)
Project 5080, Obsolete Cards, 1960-1961 (Box 12, folder 18)
Project LOOP, 606 Tape Transport – Schedule and Drawings, 1960 (Box 12, folder 19)
Project LOOP, Capstan Valve Drawings, 1961-1963 (Box 12, folder 23)
Project LOOP, Drawings, 1960 (Box 12, folder 24)
Project LOOP, Memos, 1962-1963 (Box 12, folder 25)
Project LOOP, Specifications, Design Plans and Task Assignments, c. 1960 (Box 12, folder 26)
Project LOOP, Tape Transport, 1961-1963 (Box 12, folder 27)
Project LOOP 5080, Magnetic Tape Transport, 1961 (Box 12, folder 21)
Project LOOP 5080, Quarterly Progress Reports, April 1-June 30, 1962 (Box 12, folder 22)
Project LOOP 5080 (Cedar Engineering Division), 1960-1962 (Box 12, folder 20)
Reel Acceleration Data, undated. (Box 12, folder 28)
Scraper, Drawings, 1962-1963 (Box 12, folder 29)
D. C. Sullivan, Correspondence, 1961-1964 (Box 12, folder 30)
Tape and Reel Information, Electronic Industries Assoc., 1959-1960 (Box 12, folder 31)
Tape Transports, 1958-1962 (Box 12, folder 32)
Tape Transport Information, 1960-1965 (Box 12, folder 33)
Velcro, 1959-1960 (Box 12, folder 34)

Sperry Rand vs. CDC, 1931-1967

Civil Action 15,823, 1953-1967 (Box 13, folder 1)
Control Corporation, Assembly View, Model 8604 Power Supply

Drawing No. D65274100, 1962 (Box 13, folder 2)
Drawing No. XD8604-11A, 1962 (Box 13, folder 3)

Customer Engineering Diagrams, Control Data 3609 Storage Module, 1964 (Box 13, folder 4)
Custom Engineering Instruction Manual, Control Data 3609 Storage Module, 1964 (Box 13, folder 5)
Defendants’ Trial Brief, 1960 (Box 14, folder 1)
Defense Based on Early Atanasoff Work, 1941 (Box 13, folder 6)
Depositions

Rolland Arnt, December 1960 (Box 13, folder 8)
Curtis Bute, November 1960 (Box 13, folder 9)
Louis Chaloux, June 1960 (Box 13, folder 10)
Manius Cohn, December 1960 (Box 13, folder 11)
Seymour Cray, January 1960 (Box 13, folder 12)
Seymour Cray, May 1960 (Box 13, folder 13)
Indexes and Changes, 1960 (Box 13, folder 7)

Legal Documents, April-May 1958, 1962 (Box 14, folder 2)
Plaintiff’s Inspection, List of Documents, 1966 (Box 14, folder 3)
Prior Art Defenses, 1931-1952 (Box 14, folder 4)
Specification Drawing: Delay Line, 1.2 USEC, Multi-tapped, Drawing No. 300904, 1962 (Box 14, folder 5)
"Theory of Operation and Simplified Drawings for Control Data G-15 Computer," 1964 (Box 14, folder 6)