Withdrawal of Damages Claim Precludes Jury Trial
While jury trials are more common in patent infringement suits, under some circumstances a patentee may prefer a bench trial. A recent Order from Judge Lee reaffirms that a plaintiff may switch course and opt for a bench trial by waiving its damages claim, even if the waiver is made on the eve of trial and even if the defendant has filed a counterclaim. MeadWestvaco v. Rexam PLC, Case No. 1:10CV511 (E.D. Va. Aug. 31, 2011) (Lee, J.) (found here).
In Rexam, MeadWestvaco withdrew both its damages claim and its claim for attorneys’ fees just a few weeks before trial and so sought only equitable relief. Rexam objected that the Seventh Amendment gives an accused infringer a right to jury trial on the issues of validity and infringement, but to no avail. Since the defendant likewise sought only a declaratory judgment, Judge Lee ruled, there is no independent right to a jury trial. See Tegal v. Tokyo Electron Am., 247 F.3d 1331 (Fed. Cir. 2001).
