AM International, Inc. v. Eastman Kodak Co.

ORDER

NORGLE, District Judge.

Plaintiff, AM International, Inc., (“AMI”) moves for an untimely jury demand under Rule 39(b). Defendant, Eastman Kodak Company, (“Kodak”) opposes the motion arguing the demand has come far too late in the proceedings and that it would be severely prejudiced if the jury demand is now granted. For the following reasons, plaintiff’s motion is denied.

AMI filed this action in July, 1980 alleging that Kodak had infringed on four of its patents. In September, 1980, Kodak filed an answer and counterclaim alleging, inter alia, unfair competition in the filing of law suits…