In re Technology Licensing Corp.

Case Number: CLB0100

Date: 09.12.2005

Citation: 76 U.S.P.Q.2d 1450 (Fed. Cir., 2005)

A declaratory judgment action for invalidity in which the patentee voluntarily does not seek a legal remedy (i.e., damages) is treated as an “inverted” patent infringement suit. Because the patentee could not have requested a jury trial in such situations, no right to jury trial exists in the declaratory judgment action.

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