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  5. 897 F.2d 1572 (1990)
 

ATARI GAMES CORP. v. NINTENDO OF AMERICA, INC.

Nos. 89-1396, 89-1426.

897 F.2d 1572 (1990)

ATARI GAMES CORPORATION and Tengen, Inc., Plaintiffs/Cross-Appellants, v. NINTENDO OF AMERICA, INC., and Nintendo Co., Ltd., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Rehearing Denied April 3, 1990.

Attorney(s) appearing for the Case

Morgan Chu, Richard C.P. De Bodo, and Dorette S. Feit, Irell & Manella, Los Angeles, Cal., argued for plaintiffs/cross-appellants. Robert Steinberg, Irell & Manella, Los Angeles, Cal., of counsel.

Thomas G. Gallatin, Jr., Mudge Rose Guthrie Alexander Ferson, New York City, argued for defendants-appellants. With him on the brief was John J. Kirby, Jr. Also on the brief were George A. Cumming, Jr., Jeffrey S. Kingston and Thomas M. Kingston, Brobeck, Phleger & Harrison, San Francisco, Cal.

Before MARKEY, Chief Judge, SMITH, Senior Circuit Judge, and NORGLE, District Judge.

NORGLE, District Judge.

Atari Games Corporation, (Atari) and its wholly owned subsidiary, Tengen Inc. (Tengen), have brought suit against Nintendo of America, Inc. and Nintendo Co., Ltd., (collectively Nintendo) for unfair competition and violations of section 2 of the Sherman Anti-Trust Act, 15 U.S.C. § 2 (1988), based upon alleged monopolization and attempted monopolization of the markets for home video game machines and home video games and game cartridges...

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