Baxter International Inc. v. Cobe Lab., Inc.

MEMORANDUM OPINION AND ORDER

PARSONS, District Judge.

I. INTRODUCTION

Plaintiff Baxter International Inc. and Baxter Healthcare Corporation commenced this action for patent infringement against Cobe in December 1989. Baxter alleged that four of its patents were being infringing by Cobe. Cobe answered the complaint by stating that the four Baxter patents and an additional patent by Baxter were invalid and unenforceable. Consequently, Cobe filed a counterclaim seeking declaratory judgment. The court is now faced with the issue of whether it should compel Herbert Cullis, who is the designated…