Kennedy v. Lakso Co.
United States Court of Appeals for the Federal Circuit
414 F.2d 1249, 163 U.S.P.Q. 136 (1969)
- Written by Eric Miller, JD
Facts
Edward Kennedy, Henry Martinez, Herman Paprzycki, and Dominick Stabilito (the patent holders) (plaintiffs) licensed their article-counting and loading-machine patents to Lakso Company, Inc. (defendant). The licensing agreement was terminated. Later, the patent holders brought suit in federal district court, alleging that Lakso continued to make and sell similar machines. The patent holders sought an injunction, an accounting, $200,000 in damages, surrender of the machines, and attorney fees. The patent holders’ complaint also included a demand for a jury trial, but this was struck by order of the court on the ground that an action for injunctive relief was equitable in nature and thus not entitled to a trial by jury. The patent holders appealed to the United States Court of Appeals for the Federal Circuit.
Rule of Law
Issue
Holding and Reasoning (Freedman, J.)
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