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METABOLITE LAB., INC. v. LABORATORY CORP.

No. 03-1120.

370 F.3d 1354 (2004)

METABOLITE LABORATORIES, INC. and Competitive Technologies, Inc., Plaintiffs-Appellees, v. LABORATORY CORPORATION OF AMERICA HOLDINGS (doing business as LabCorp), Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

DECIDED: June 8, 2004.

Attorney(s) appearing for the Case

Glenn K. Beaton, Gibson, Dunn & Crutcher LLP, of Denver, CO, argued for plaintiffs-appellees. With him on the brief were J. Gregory Whitehair and Amanda J. Tessar. Also on the brief was Mark A. Perry, of Washington, DC.

Jonathan S. Franklin, Hogan & Hartson L.L.P., of Washington, DC, argued for defendant-appellant. With him on the brief was Catherine E. Stetson. Of counsel on the brief was John P. Higgins, Alston & Bird, LLP, of Charlotte, North Carolina.

Before RADER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and SCHALL, Circuit Judge.

Opinion for the court filed by Circuit Judge RADER, dissenting-in-part and concurring-in-part opinion filed by Circuit Judge SCHALL.

RADER, Circuit Judge.

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...

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