ATARI GAMES CORP. v. NINTENDO OF AMERICA INC.

91-1293.

975 F.2d 832 (1992)

ATARI GAMES CORP. and Tengen, Inc., Plaintiffs-Appellants, v. NINTENDO OF AMERICA INC. and Nintendo Co., Ltd., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined November 17, 1992.


Attorney(s) appearing for the Case

M. Laurence Popofsky, Heller, Ehrman, White & McAuliffe, San Francisco, Cal., argued, for plaintiffs-appellants. With him on the brief were Robert S. Venning, Peter A. Wald, Kirk G. Werner, Robert B. Hawk, Michael K. Plimack and Dale A. Rice. Also on the brief were James B. Bear, Knobbe, Martens, Olson & Bear, of Newport Beach, Cal., and G. Gervaise Davis, II, Schroeder, Davis & Orliss, Inc., Monterey, Cal.

Thomas G. Gallatin, Jr., Mudge, Rose, Guthrie, Alexander & Ferdon, New York City, argued, for defendants-appellees. With him on the brief was John J. Kirby, Jr. Also on the brief was Larry S. Nixon, Nixon & Vanderhye, P.C., of Arlington, Va.

Before CLEVENGER, Circuit Judge, SMITH, Senior Circuit Judge, and RADER, Circuit Judge.


Rehearing Denied; Suggestion for Rehearing In Banc Declined November 17, 1992.

RADER, Circuit Judge.

Nintendo of America Inc., and Nintendo Co., Ltd. sell the Nintendo Entertainment System (NES). Two of Nintendo's competitors, Atari Games Corporation and its wholly-owned subsidiary, Tengen, Inc., sued Nintendo for, among other things, unfair competition, Sherman Act violations, and patent infringement. Nintendo sued Atari for, among other things, unfair competition...

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