Plaintiffs v. Abbott Laboratories, an Illinois Corporation, Defendant.

1 participated and/or was kept informed of all arrangements made
2 for the implementation and execution of the Protocol. Further,
3 Abbott made repeated representations that it would provide the
4 HIVIG.
5 47. Plaintiffs and the NIH have performed all
6 conditions, covenants, and promises required by them to be
7 performed in accordance with the terms and conditions of the
8 implied contract, except for payment for HIVIG that Abbott has
9 refused to deliver pursuant to the terms of the implied contract.
10 48. In or about June 1992, Abbott breached the implied
11 contract by withdrawing its participation in the Protocol and
12 refusing to provide the promised HIVIG unless and until it
13 received full indemnification from the NIH for any liabilities
14 resulting from the use of HIVIG in connection with the Protocol.
15 49. Full indemnification of Abbott by the NIH was not a
16 condition or term of the implied contract.
17 50. Abbott is estopped from asserting a statute of
18 frauds defense to this breach of contract allegation. Abbott
19 made promises, assurances, and/or representations to Plaintiffs
20 that it would provide HIVIG as needed for the execution of the
21 Protocol. In making such promises, assurances and/or
22 representations, Abbott knew or should have known that Plaintiffs
23 would change their position in reliance on such promises,
24 assurances and/or representations by researching and developing
25 the Protocol.

26 51. Plaintiffs reasonably and justifiably changed their
27 position in reliance on these promises, assurances and/or
"I
28 representations by developing and arranging for the execution of

II

13