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No Right To Jury Trial Or Evidentiary Hearing For Calculation Of Disgorgement Of Profits In Design Patent Case - Intellectual Property


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The district court previously granted summary judgment in favor
of the plaintiff, Red Carpet Studio ( Red Carpet ),
finding that Defendants Midwest Trading Group Inc.
( MTG ), Walgreen Company and CVS Pharmacy Inc. infringed
the patent-in-suit. The parties agreed that two issues remained:
(1) determining the relevant article of manufacture,
and (2) calculating the total profit on that article of
manufacture. Red Carpet argued that the district court should
decide the second issue without a
jury because it seeks
right to a
jury
trial.
As the district court explained, determining a damages award ....

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