KENNEDY v. LAKSO COMPANY

No. 17736.

414 F.2d 1249 (1969)

Edward J. KENNEDY, Henry Martinez, Herman Paprzycki and Dominick Stabilito, Appellants, v. LAKSO COMPANY, Inc.

United States Court of Appeals Third Circuit.

Decided August 15, 1969.


Attorney(s) appearing for the Case

Stanley L. Kubacki, Philadelphia, Pa. (John P. Hauch, Jr., Archer, Greiner, Hunter & Read, Camden N. J., Harold S. O'Brian, Jr., Philadelphia Pa., on the brief), for appellants.

S. Augustus Demma, New York City, (John B. Mariano, Wallace Douglas, Gerry & Mariano, Camden, N. J., Burgess, Ryan & Hicks, New York City, on the brief), for appellee.

Before FREEDMAN, SEITZ and ALDISERT, Circuit Judges.


OPINION OF THE COURT

FREEDMAN, Circuit Judge.

The issue presented is whether trial by jury is available in a suit for patent infringement which seeks both monetary and injunctive relief.

The complaint, filed on November 29, 1967, claims that defendant infringed plaintiffs' patents for article counting and loading machines. The pleadings show that plaintiffs had licensed their patents to defendant from March 27, 1962 until October 5, 1965, when, according...

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