Metabolite Laboraories, Inc., et al. v. Laboratory Corporation of America Holdings (DBA LabCorp)
Federal Circuit, June 8, 2004
Before Rader (Circuit Judge), Friedman (Senior Circuit Judge), and Schall (Circuit Judge).
Opinion by Rader (snippet)
In the United States District Court for the District of Colorado, a jury found that Laboratory Corporation (LabCorp) indirectly infringed Metabolite Laboratories, Inc.’s (Metabolite’s) U.S. Patent No. 4,940,658 (the ’658 patent). The jury also found that LabCorp partially breached its contract with Metabolite. Based on this verdict, the district court assessed damages of $3,652,724.61 for breach of contract and $1,019,365.01 for indirect infringement. Metabolite Labs., Inc. v. Lab. Corp., No. 99-Z-870 (D. Colo. Dec. 3, 2001). After denying LabCorp’s motion for judgment as a matter of law (JMOL), the district court doubled the infringement award for willful infringement and issued a permanent injunction. Metabolite Labs., Inc. v. Lab. Corp., No. 99-Z-870 (D. Colo. Nov. 19, 2001). Because the record supports the jury’s verdicts and the trial court’s decisions, this court affirms.
Opinion dissenting-in-part and concurring-in-part by Schall (snippet)
I agree with the majority’s conclusions with respect to validity, the absence of a case or controversy regarding infringement of claim 18, breach of contract, enhanced damages, and the district court’s injunction. However, I respectfully dissent from the majority’s construction of claim 13 of the ‘658 patent. Because I think claim 13 covers only the correlation of elevated levels of homocysteine, I would remand the case for a recalculation of the damages resulting from indirect infringement.
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