¶1On several motions filed in this case there have been hearings and briefs submitted. Several questions have been eliminated by stipulations and otherwise.
¶2One question left to be determined is upon objections to interrogatories propounded by the defendants.
¶3The objections to interrogatories Nos. 19, 23, 27, 31, 35, 39, 45, 47, 51, 55, 59, 63, 67, 71, 75, 79, 83, 87, 91, 95, 99, 103, and 107 are that these interrogatories call for opinions and require plaintiffs to make comparisons of structures.
¶4I think these objections are well taken and they are sustained. Boysell Company v. Colonial Coverlet Co., Inc., D. C., 29 F.Supp. 122; Looper v. Colonial Coverlet Co., Inc., D.C., 29 F.Supp. 125.
¶5Not being sure at this stage of the proceedings as to the relationship of the matters inquired about in interrogatories Nos. 118, 119, 120, 128, and 129, I would be better satisfied to require these questions to be answered.
¶6The objections to these interrogatories are overruled.
¶7It is my judgment that interrogatories Nos. 134, 135, 136, and 137 call for information that is not presently necessary in the litigation. There first should be an adjudication of an infringement before the question of damages is taken up.
¶8The objections to these interrogatories are sustained.
¶9As I understand the other objections to the defendants’ interrogatories have been cured by the stipulations or waived by the plaintiff.
¶10There appears to be a portion of the motion made by the plaintiff to strike and for a bill of particulars left for decision.
¶11A part of this motion is to strike paragraph 9 of the answer. I see no harm in leaving this in at present, and this part of the motion is overruled.
¶12Section 4 of this motion asks that the defendants be required to particularize certain patents referred to as a prior art. The rule seems to be that such defense need not be especially pleaded or particularized. Walker on Patents, Vol. 4, p. 2769 and cases cited.
¶13For this reason this part of the motion to particularize is overruled.
¶14The balance of the motion to strike and for a bill of particulars has been eliminated by stipulations.
¶15Let an order be drawn in accord with this memorandum.