Hall v. Kish

JONES, Chief Judge.

In this action plaintiff seeks a judgment declaring (1) that defendants’ patent is not infringed by articles manufactured and sold by plaintiff, (2) that said patent is invalid and void, and asking certain injunctive relief.

Defendants in their answer merely deny the allegations made in the complaint, and ask only that the complaint be dismissed.

Defendants, however, have filed a demand • for jury trial, and plaintiff moves to strike this demand.

Even though this is a declaratory judgment action, defendants are entitled to a jury trial if such is provided for in Rules 38 and…