Legal Opinion
Digidyne Corp. v. Data General Corp.
Court of Appeals for the Ninth Circuit
Decided June 7, 1984No. Nos. 81-4628, 81-4667, 81-4671 and 82-4162PublishedCited by 40 opinions
1Opinion of the Court
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. The system consists of a NOVA CPU designed to perform a particular “instruction set” or group of tasks, and a copyrighted NOVA operating system called RDOS…
2Cases cited21 opinions
- Northern Pacific Railway Co. v. United StatesSupreme Court of the United States · 1958
- United States v. E. I. Du Pont De Nemours & Co.Supreme Court of the United States · 1956
- Jefferson Parish Hospital District No. 2 v. HydeSupreme Court of the United States · 1984
- United States v. Paramount Pictures, Inc.Supreme Court of the United States · 1948
- International Salt Co. v. United StatesSupreme Court of the United States · 1947
16 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Data General Corp. v. Grumman Systems Support Corp.Court of Appeals for the First Circuit · 1994
- Robert J. Will, Cross-Appellees v. Comprehensive Accounting Corporation, CrossCourt of Appeals for the Seventh Circuit · 1985
- Senza-Gel Corporation, Appellants/cross-Appellees v. John B. Seiffhart, Goehring Meat, Inc., and Ohi, Inc., Appellees/crossCourt of Appeals for the Federal Circuit · 1986
- Sheila Boggs, Now Known as Sheila Mayes v. Nancy Lewis Safeco Insurance CompaniesCourt of Appeals for the Ninth Circuit · 1988
- Dyniewicz v. United StatesCourt of Appeals for the Ninth Circuit · 1984
35 more not listed; retrieve them via the Exa API.