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MARS, INC. v. COIN ACCEPTORS, INC.

Nos. 2007-1409, 2007-1436.

527 F.3d 1359 (2008)

MARS, INCORPORATED, Plaintiff/Counterclaim Defendant-Appellant, and Mars Electronics International, Inc., Plaintiff/Counterclaim Defendant, and M & M/Mars Incorporated, Counterclaim Defendant, v. COIN ACCEPTORS, INC., Defendant/Counterclaimant-Cross Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied June 27, 2008.

Attorney(s) appearing for the Case

John B. Pegram, Fish & Richardson P.C., of New York, NY, argued for plaintiff/counterclaim defendant-appellant. With him on the brief were Autumn J.S. Hwang; and Michael E. Florey and Kraig A. Jakobsen, of Minneapolis, MN.

Kenneth J. Mallin, Bryan Cave LLP, of St. Louis, MO, argued for defendant/counterclaimant-cross appellant. With him on the brief was K. Lee Marshall.

Before LINN, Circuit Judge, CLEVENGER, Senior Circuit Judge, and PROST, Circuit Judge.

LINN, Circuit Judge.

This case involves standing and damages for patent infringement. Mars Incorporated ("Mars") appeals from the judgment of the United States District Court for the District of New Jersey precluding Mars from recovering damages on a lost profits theory and denying Mars's motion to amend its complaint to add its subsidiary as a co-plaintiff in its infringement action against Coin Acceptors, Inc. ("Coinco...

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