Lyophile-Cryochem Corp. v. Chas. Pfizer & Co.

BYERS, District Judge.

This matter arose on objections to plaintiffs’ interrogatories as served and as proposed to be supplemented, touching defendant’s sales of penicillin, and the profits therefrom; the penicillin according to plaintiffs’ theory having been made according to a process disclosed in three Patents owned by plaintiffs. In other words, the case is at law for patent infringement, and damages are demanded, to be fixed by the jury.

The defendant objects to answering the interrogatories in advance of a determination of validity and infringement. Since the question would not have…