United States Federal Circuit

A damages award of lost profits will not be reopened after trial merely because market data, probative of the acceptability of a non-infringing alternative, becomes available once the non-infringing alternative replaces the infringing product in the marketplace.

Appellate Information

• Decided 02/19/2002
• Published 02/19/2002

Judges

• PLAGER, Senior Circuit Judge., Before GAJARSA, Circuit Judge, PLAGER, Senior Circuit Judge, and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Naikang Tsao,Foley & Lardner, of Madison, WI, argued for plaintiff-appellee.   With him on the brief was David J. Harth, Heller Ehrman White & McAuliffe, of Madison, WI. Of counsel on the brief was Joan L. Eads, Foley & Lardner., Joseph F. Posillico, Synnestvedt & Lechner, of Philadelphia, PA, argued for defendant appellant.   With him on the brief were Mark D. Simpson and Gary A. Hecht.