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LITTON JURY AWARD OVERTURNED : NEW DAMAGES TRIAL ORDERED IN HONEYWELL CASE.


Byline: Dawn Yoshitake Daily News Staff Writer

A federal judge Wednesday overturned an earlier $702 million jury award in favor of Litton Industries Named after inventor Charles Litton Sr., Litton Industries was a large defense contractor in the United States, bought by the Northrop Grumman Corporation in 2001.  Inc.'s antitrust case Noun 1. antitrust case - a legal action brought against parties who are charged with limiting free competition in the market place
action at law, legal action, action - a judicial proceeding brought by one party against another; one party prosecutes another for a
 against Honeywell Inc. and ordered a new trial for damages.

Woodland Hills-based Litton had received the multimillion-dollar award in March after a jury determined Honeywell had illegally monopolized the commercial aircraft navigation market for inertial reference systems. The jury verdict still stands and only the damages aspect was overturned.

``Sure we would have liked to have had the damages to the extent that the jury awarded them, but we are confident we will recover them in a new trial,'' said Robert Knapp, a Litton spokesman.

U.S. District Judge Mariana Pfaelzer Mariana Pfaelzer is a U.S. District Court Judge in the Ninth Circuit. She is probably best remembered for her role in striking down California's Proposition 187, which would have denied services to illegal aliens.  declined to enter the award because she could not accept the method Litton used to base its damages, Knapp said.

The jury awarded $234 million to Litton. But under federal antitrust laws antitrust laws n. acts adopted by Congress to outlaw or restrict business practices considered to be monopolistic or which restrain interstate commerce. The Sherman Antitrust Act of 1890 declared illegal "every contract, combination.... , the amount of damages is tripled - representing $702 million to the Woodland Hills defense company.

And will Litton appeal Judge Pfaelzer's decision?

``While we're disappointed they didn't (accept) the jury award, we will pursue all avenues to protect and preserve our technology and competitive edge,'' Knapp said.

In its lawsuit, Litton had accused Honeywell of forming exclusive deals with aircraft makers and airlines to keep the Valley company out of the market.

John M. Leonis, Litton chairman, said the company is gratified grat·i·fy  
tr.v. grat·i·fied, grat·i·fy·ing, grat·i·fies
1. To please or satisfy: His achievement gratified his father. See Synonyms at please.

2.
 that the judge has upheld the jury's March verdict ``to resolve Honeywell's years of unlawful business practices.''

Honeywell had argued that its growing market share was due to a superior product. The company also pointed out that Litton lost part of the market because of design and production problems.

Honeywell officials could not be reached late Wednesday night.

This case is the second which Litton has brought against Honeywell.

A federal appeals court earlier this month reinstated a 1993 jury finding that Honeywell infringed on a patent held by Litton. Damages have yet to be decided.

The 1993 case stemmed from a patent infringement patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver.  over Litton's process for making laser gyroscope gyroscope (jī`rəskōp'), symmetrical mass, usually a wheel, mounted so that it can spin about an axis in any direction. When spinning, the gyroscope has special properties.  navigation and guidance systems. The jury had awarded Litton $1.2 billion, but Judge Pfaelzer also overturned that verdict in January 1995. She ruled that patent was unenforceable Adj. 1. unenforceable - not enforceable; not capable of being brought about by compulsion; "an unenforceable law"; "unenforceable reforms"
enforceable - capable of being enforced
 because Litton obtained it through omissions, mistakes or misrepresentations. But a federal appeals panel in Washington, D.C., that specializes in patent cases reversed Pfaelzer's ruling, reinstated the jury's findings and returned the case to her for determination of damages.
COPYRIGHT 1996 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1996, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:BUSINESS
Publication:Daily News (Los Angeles, CA)
Geographic Code:1USA
Date:Jul 25, 1996
Words:411
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