National Dryer Mfg. Corp. v. Dryer Co. of America, Civ. A. No. 14165.
| Decision Date | 23 May 1955 |
| Docket Number | Civ. A. No. 14165. |
| Citation | 130 F. Supp. 912 |
| Parties | NATIONAL DRYER MANUFACTURING CORPORATION et al. v. DRYER COMPANY OF AMERICA, Inc., et al. |
| Court | U.S. District Court — Eastern District of Pennsylvania |
William W. Atterbury and James E. Gallagher, Jr. (of Stradley, Ronon, Stevens & Young), Philadelphia, Pa., Horace Dawson, Chicago, Ill., for plaintiffs.
J. Webster Jones, Philadelphia, Pa., for defendants.
The Amended Complaint in this action contains three causes of action, each stated in a separate count. In Count I, which alleges unfair competition in defendants' representations in the sale of their dryers, plaintiffs seek injunctive relief, an accounting for profits, and money damages. In Count II, which alleges infringement of a design patent, plaintiffs seek injunctive relief and money damages. Count III, based on infringement of a mechanical patent, asks for injunctive relief, an accounting for profits, and money damages. Defendants have demanded a jury trial and plaintiffs have moved that the demand be stricken.
It seems clear that if plaintiffs in all three counts simply asked for injunctive relief and an accounting their action would be equitable in nature and defendants would have no right to a jury trial. On the other hand, if plaintiffs brought their action solely for damages the action would be in effect one at law in which defendants upon proper demand would be entitled to a jury trial. Arnstein v. Porter, 2 Cir., 1946, 154 F. 2d 464.
Here, however, plaintiffs are seeking both injunctive relief and an equitable accounting, on one hand, and damages, on the other. It is clear that defendants are not entitled to a jury trial on the equitable claims for an injunction and an accounting. The problem presented in this case is whether defendants are entitled to a jury trial on the claims for damages.
Plaintiffs' contention that the claims for damages in this case are merely incidental to the equitable relief demanded is overruled for the general reasons stated in the following analogous copyright infringement cases: Chappell & Co. v. Cavalier Cafe, Inc., D.C.D.Mass.1952, 13 F.R.D. 321; Berlin v. Club 100, D.C.D. Mass.1951, 12 F.R.D. 129; Russell v. Laurel Music Corp., D.C.S.D.N.Y.1952, 104 F.Supp. 815; see also Bruckman v. Hollzer, 9 Cir., 1946, 152 F.2d 730.
With reference to the specific causes of action, it does not appear that the damages sought in Count I for unfair competition are "merely incidental" to plaintiffs' claim for injunctive relief. As to the damages sought in Counts II and III for patent infringements, in the new Patent Act of 1952, 35 U.S.C. (1952), the remedy of...
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Swofford v. B & W, INCORPORATED
...under the current patent act, they are entitled to a jury trial as of right on the claim for damages. National Dryer Mfg. Corp. v. Dryer Co. of Am., E.D.Pa.1955, 130 F.Supp. 912. In the instant action, the defendant contends that the plaintiffs are not entitled to a jury trial since the com......
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...though legal and equitable issues may be joined. In support of their contention, they cite National Dryer Manufacturing Corporation v. Dryer Company of America, D.C.E.D.Pa.1955, 130 F.Supp. 912, in which a district court held that the new patent act differs significantly from the prior law ......