Container Co. v. Carpenter Container Corp.

RODNEY, District Judge.

The question here is whether a jury trial should be ordered by the court upon a motion therefor by the defendant when no timely demand therefor has been made.

This action was instituted under the Federal Declaratory Judgments Act1 for a declaratory judgment of the non-infringement by plaintiff and the invalidity of Patent No. 2,382,858 owned by defendant. Defendant’s amended answer contains a counterclaim made up of two separate claims or causes of action. The first claim in the counterclaim is a treble damage suit -based upon the anti-trust laws of the United States 2…