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Laboratory Corp. of America Holdings v. Metabolite Laboratories, Inc. (Fed. Cir. 2010)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

Federal Circuit Transfers "Hot Potato" Diagnostic Method Case By Kevin E. Noonan -- The Federal Circuit's majority decision in Laboratory Corp. of America Holdings ("LabCorp") v. Metabolite Laboratories, Inc., and Judge Dyk's dissent, illustrate how often factual considerations, and different views of the same facts, can influence if not determine a legal outcome. Here, the issue was the Federal Circuit's jurisdiction to hear an appeal on a patent and know-how license from the same parties who went before the Supreme Court three years ago on a patent question relating to diagnostic assays for vitamin deficiencies. The Supreme Court's non-decision left...

Full post as published by Patent Docs on March 18, 2010 (boomark / email).