Law360, New York (December 21, 2010, 7:29 PM ET) -- Following a successful re-examination of a patent for vitamin deficiency tests, Metabolite Laboratories Inc. has told a federal appeals court that LabCorp must now pay up on royalties for the products that were sold under a licensing agreement.
Metabolite told the U.S. Court of Appeals for the Tenth Circuit in a letter filed Friday that LabCorp is liable for unpaid know-how royalties on its serum-based homocysteine assays because the validity of the controlling patent means that the licensing agreement was not lawfully terminated.
LabCorp contends —...
Metabolite Says LabCorp Must Pay Up After IP Re-Exam
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