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DIGIDYNE CORP. v. DATA GENERAL CORP.

Nos. 81-4628, 81-4667, 81-4671 and 82-4162.

734 F.2d 1336 (1984)

DIGIDYNE CORPORATION, Fairchild Camera and Instrument Corporation, Plaintiffs-Appellants, v. DATA GENERAL CORPORATION, Defendant-Appellee. DIGIDYNE CORPORATION, Fairchild Camera and Instrument Corporation, Plaintiffs-Appellants, v. DATA GENERAL CORPORATION, Defendant-Appellee. DIGIDYNE CORPORATION, Fairchild Camera and Instrument Corporation, Plaintiffs-Appellees, v. DATA GENERAL CORPORATION, Defendant-Appellant. DIGIDYNE CORPORATION, Fairchild Camera and Instrument Corporation, Plaintiffs-Appellants, v. DATA GENERAL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 7, 1984.

Attorney(s) appearing for the Case

Jack C. Provine, Miller, Starr & Regalia, San Francisco, Cal., for Digidyne Corp.

Jack E. Brown, Brown & Bain, P.C., Phoenix, Ariz., for Fairchild Camera & Instrument Corp.

Stephen R. Steinberg, Reavis & McGrath, New York City, for defendant-appellee.

Before BROWNING, Chief Judge, PECK and ALARCON, Circuit Judges.

BROWNING, Chief Judge:

The issue presented for review is whether Data General's refusal to license its NOVA operating system software except to purchasers of its NOVA central processing units (CPUs) is an unlawful tying arrangement under section 1 of the Sherman Act, 15 U.S.C. § 1 (1976) and section 3 of the Clayton Act, 15 U.S.C. § 14 (1976). We conclude that it is.

I.

Defendant Data General manufactures a computer system known as NOVA...

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