United States Federal Circuit

A defendant in a patent case who asserts only affirmative defenses and no counterclaims does not have a right to a jury trial if the only remedy sought by the plaintiff-patentee is an injunction.

Appellate Information

• Decided 07/16/2001
• Published 07/16/2001

Judges

• LINN, Circuit Judge., Before LOURIE, BRYSON, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• John B. Streeter,Keker & Van Nest, L.L.P., of San Francisco, CA, argued for plaintiff-appellee.   With him on the briefs were James M. Emery, Eugene M. Paige, and Steven A. Hirsch.   Of counsel on the briefs were Warren E. Zirkle and Robert M. Tyler, McGuire, Woods, Battle & Boothe LLP, of Richmond, VA., Edgar H. Haug, Frommer Lawrence & Haug LLP, of New York, NY, argued for defendant-appellant.   With him on the briefs were Steven M. Amundson, and Robert E. Colletti.