Abbott Laboratories v. Baxter Travenol Laboratories, Inc.

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 to a discovery request but refused to produce all opinions asserting work product and attorney-client privilege. It- specifically said it was “not waiving any ... privilege or ...…