Court of Appeals for the Federal Circuit April 3, 1990, 89-1396, 89-1426 (Atari Games Corporation and Tengen, Inc., Plaintiffs/cross-Appellants v. Nintendo of America, Inc., and Nintendo Co., Ltd.)

NORGLE, District Judge.

Atari Games Corporation, (Atari) and its wholly owned subsidiary, Tengen Inc. (Ten-gen), 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.