If a manufacturer does not include a jury demand in a patent infringement action, can they still demand a jury trial?

In a patent infringement action, the demand for a jury trial must be explicitly included in the initial pleading, which is typically the complaint. This requirement is rooted in Rule 38 of the Federal Rules of Civil Procedure, which states that a party may demand a jury trial by serving the other parties with a written demand, which must be made no later than 14 days after the last pleading directed to the issue is served.

If a manufacturer does not include a jury demand in their original complaint, they cannot later unilaterally decide to demand a jury trial without following these procedural requirements. This ensures that both parties have adequate notice and opportunity to prepare for a jury trial rather than a bench trial. The importance of this rule lies in maintaining the integrity of the legal process and ensuring that all parties are treated fairly with respect to the choice of trial type.

The other options suggest conditions under which a jury demand could be made without following the proper timeline or procedural rules, which are not permissible in this context. Therefore, the statement that a jury demand must be included in the complaint accurately reflects the established legal requirement.