Rosanna Knitted Sportswear, Inc. v. O'Scotland

McGOHEY, District Judge.

The plaintiff moves (1) to strike the defendants’ demand for a jury trial, (2) to modify a notice to take depositions, and (3) to quash a subpoena duces tecum.

The action is for a declaratory judgment of invalidity and non-infringement of defendants’ patent and for an injunction. The defendants in a counterclaim allege infringement of their patent by the plaintiff and seek damages totaling $1,200,000.

It seems clear from the decisions in this Circuit, that on a motion to strike a jury demand the test is whether the basic nature of the complaint is legal or equitable. If…