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West v. Sundance Development Co.6/27/1991
ller, Federal Practice and Procedure § 2255 (1970). As the Federal Advisory Committee Note indicates, however, the amended rule does not authorize requests for admissions of law unrelated to the facts of the case. Thus, an alleged patent infringer's requests for admissions seeking from the patent holder a bold legal conclusion that certain claims were invalid were improper. Golden Valley Microwave Foods, Inc. v. Weaver Popcorn Co. Inc., 130 F.R.D. 92 (N.D.Ind.1990).
Turning to the requests for admissions at issue, we find that all of the requests except for Nos. 5 and 12, which called for bold legal conclusions unrelated to the facts, were proper, and the trial court should have determined whether the denials were proper under Rule 37(c).
The order of the trial court denying plaintiff's request for expenses and attorney's fees is reversed and the issue is remanded to the trial court for further proceedings consistent with this opinion. The judgment is affirmed in all other respects.
General Footnotes
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