What action should a patent holder take to initiate a patent infringement action involving jury issues?

To initiate a patent infringement action involving jury issues, the patent holder should file and serve a complaint that includes a jury trial demand. This step is critical because it formally starts the litigation process in court. The complaint outlines the claims of infringement and sets forth the details of the patent holder's case.

Including a jury trial demand in the complaint is essential if the patent holder seeks a trial by jury, as it informs the court and all parties involved that a jury should be part of the proceedings. Under the Federal Rules of Civil Procedure, a party can demand a jury trial on any issue that is triable by jury, particularly in cases involving claims for damages resulting from infringement.

The other options do not properly initiate a patent infringement action or address the specific need for a jury trial. For instance, submitting a pre-litigation notice to the patent office might be a procedural step but does not initiate a lawsuit. Likewise, negotiating a settlement before filing or waiting for a licensing agreement to expire does not establish a legal claim in court. Thus, filing and serving a complaint is the most direct and effective method for the patent holder to commence their action and ensure that a jury trial is requested appropriately.