Metabolite Can't Have Cake, Eat It Too: 10th Circ.

Law360, New York (February 2, 2011, 8:02 PM EST) -- The Tenth Circuit on Wednesday nixed Metabolite Laboratories Inc.'s bid for more royalties from Laboratory Corporation Of America under a licensing deal for a vitamin deficiency test patent, ruling it could not collect fees on a terminated agreement.

A three-judge panel of the U.S. Court of Appeals for the Tenth Circuit ruled that Metabolite cannot seek further royalties from LabCorpbecause it had already successfully convinced another court that the two companies' licensing agreement was terminated.

"What Metabolite once called a 'termination,' it now attempts to relabel...
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