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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