Metabolite Says LabCorp Must Pay Up After IP Re-Exam

Law360, New York (December 21, 2010, 7:29 PM EST) -- 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 —...
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