ABBOTT LABORATORIES v. BAXTER TRAVENOL LABORATORIES

No. 86 C 4862.

676 F.Supp. 831 (1987)

ABBOTT LABORATORIES, Plaintiff, v. BAXTER TRAVENOL LABORATORIES, INC., et al., Defendants.

United States District Court, N.D. Illinois, E.D.

December 7, 1987.


Attorney(s) appearing for the Case

Sheldon W. Witcoff, D. Dennis Allegretti, Denis Berntsen, Mark T. Banner, Allegretti, Newitt, Witcoff & McAndrews, Ltd., Chicago, Ill., for plaintiff.

John W. Chestnut, W. Dennis Drehkoff, Tilton, Fallon, Lungmus & Chestnut, Chicago, Ill., for defendants.


MEMORANDUM OPINION AND ORDER

ZAGEL, District Judge.

In this patent infringement case the defendant relies upon the prior written opinions of counsel that its product would not infringe plaintiff's patent. Such reliance is permitted as a defense to a charge of willful infringement but is not required. Machinery Corp. v. Gullfiber, 774 F.2d 467, 472 (Fed.Cir.1985). Defendant produced three such opinions in response...

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