Metabolite, LabCorp Royalties Spat Sent To 10th Circ.

By Samuel Howard

Law360, New York (March 11, 2010, 8:09 PM ET) -- The U.S. Court of Appeals for the Federal Circuit has bumped to a sister court Metabolite Laboratories Inc.’s quest for further royalties from Laboratory Corp. of America Holdings over vitamin deficiency tests, holding that the claims involve breach of a licensing agreement and not patent issues.

The Federal Circuit issued a split ruling Thursday, determining that the U.S. Courts of Appeals for the Tenth Circuit is the appropriate venue for the Metabolite appeal because the case isn’t concerned with federal patent law but state laws governing...
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