Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00968-G|\/IS Document 80-2 Filed 05/23/2005 Page1 of 2
EXHIBIT 1

Case 1:04-cv-00968-G|\/IS Document 80-2 Filed 05/23/2005 Page 2 of 2
‘~!.`s'¥ E `·
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PECHINEY RHENALU, )
Plaintiff, g
v- i Civil Action No. 99-301-SLR
ALCOA INC., g
Defendant. g
O R D E R
At wilmipgton, this 28th day of September, 2001, having
reviewed the papers submitted regarding defendant's right to a
jury trial;
IT IS ORDERED that plaintiff’s motion to vacate the judgment ·—~
based on the jury verdict (0.1. 462) is granted. Pursuant to the
Federal Circuit's decision in Tegal Corp. v. Tokyo Elegton Am,.
1;;;, 257 F.3d 1331 (Fed. Cir. 2001), given that defendant-
patentee voluntarily withdrew its claim for damages, it also
waived its right`tC"a jury trial.
IT IS FURTHER ORDERED that the parties shall file proposed
findings of fact and conclusions of law on or before October 19,
2001. ·