United States Federal Circuit

Denial of plaintiff's claim for lost profits from their infringed beverage dispenser patent is reversed where the district court erred as a matter of law by denying plaintiff the opportunity to present to the jury evidence for its theory of lost profits on lost syrup sales.

Appellate Information

• Decided 09/03/2004
• Published 09/03/2004

Judges

• LOURIE, Circuit Judge., Before NEWMAN, LOURIE, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Ernie L. Brooks, Brooks Kushman, P.C., of Southfield, MI, argued for plaintiff-appellant.   With him on the brief were Frank A. Angileri and William G. Abbatt.


• For Appellees:
  
• Jeffrey A. Schwab, Abelman, Frayne & Schwab, of New York, NY, argued for defendants-appellees.   With him on the brief were Anthony A. Coppola and Richard L. Crisona.