H.H. Robertson Co. v. Bargar Metal Fabricating Co.

MEMORANDUM OPINION

DOWD, District Judge.

INTRODUCTION

By virtue of the plaintiffs objections to the August 22, 1986 report and recommendation of Magistrate Charles Laurie, the Court has before it for resolution the issue of the extent to which an intervening defendant in a patent action may be subjected to discovery in the accounting phase of the litigation to determine if the intervenor is engaging in infringement conduct for which it is liable in damages in a case where the original defendant, but not the intervenor, has been found to have infringed upon the plaintiffs valid patent.

The Court…