5:22-cv-01086
W.D. Okla.Mar 12, 2025Background
- Plaintiff The Bass Tank LLC sued Defendant MET Inc. d/b/a Bass Boat Electronics for cyberpiracy, trademark infringement, and unfair competition in the Western District of Oklahoma.
- Defendant filed a Motion to Strike Plaintiff’s jury demand, arguing that only equitable remedies remain and no right to a jury trial exists.
- After summary judgment, Plaintiff’s available damages were limited, which Defendant argued made a jury trial inefficient.
- Defendant proposed to admit liability on certain counts if the court struck the jury demand, reserving arguments on willfulness, exceptionality, and damage minimization.
- Plaintiff agreed to voluntarily withdraw its jury demand on the condition that Defendant’s liability admissions be enforced by court order.
- The court accepted the parties' agreement, struck the jury demand as moot, and entered judgment of liability as stipulated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jury trial right on remaining claims | Plaintiff willing to withdraw, contingent on liability stipulation | No statutory or constitutional right given only equitable relief remains | Jury demand struck as moot (voluntary withdrawal) |
| Liability for cyberpiracy | Liability should be found in favor of Plaintiff | Will admit liability to expedite case | Defendant found liable for cyberpiracy |
| Liability for trademark infringement/unfair comp. | Plaintiff entitled to judgment and profits for certain period | Will admit liability for specific period profits | Defendant found liable (profits for set period) |
| Willfulness/exceptionality | Not directly at issue in agreement | Reserves right to contest willfulness/exceptionality | Court excludes these from admissions, reserves issues |
Key Cases Cited
No court opinions with official reporter citations are cited in this order.