In Re Technology Licensing Corporation

Gennum Corporation brought this action for declaration of noninfringement and invalidity of several patents owned by Technology Licensing Corporation (TLC), and TLC seeks its Seventh Amendment right to a jury trial. Precedent and the Constitution assure that right.1 My colleagues *1292on this panel have denied it. I must, respectfully, dissent.

Gennum seeks adjudication of both infringement and validity, both causes of action that carry the jury right. That right is not eliminated by TLC’s waiver of recovery of damages for infringement, for legal as well as equitable issues remain to be litigáted.…