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NINTENDO OF AMERICA, INC. v. LEWIS GALOOB TOYS, INC.

No. 92-16364.

16 F.3d 1032 (1994)

NINTENDO OF AMERICA, INC., Plaintiff-Appellant, v. LEWIS GALOOB TOYS, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 17, 1994.

Attorney(s) appearing for the Case

John J. Kirby, Jr., Mudge, Rose, Guthrie, Alexander & Ferdon, New York, New York; and William E. Trautman, Brobeck, Phleger & Harrison, San Francisco, California, for the plaintiff-appellant.

Martin R. Glick, Howard, Rice, Nemerovski, Canady, Robertson & Falk, San Francisco, California, for the defendant-appellee.

Before: LAY, HALL and THOMPSON, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

Nintendo of America, Inc. appeals the execution of a $15 million bond in favor of Lewis Galoob Toys, Inc. Nintendo posted the bond as security for a preliminary injunction against Galoob in a copyright infringement action Nintendo later lost. The district court awarded Galoob the entire amount of the bond after finding the injunction caused Galoob at least $15 million in damages.

Nintendo argues the district court erred in...

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