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LAB. CORP. OF AMERICA HOLDINGS v. METABOLITE LABS., INC.

No. 04-607.

548 U.S. 124 (2006)

LABORATORY CORPORATION OF AMERICA HOLDINGS, DBA LABCORP v. METABOLITE LABORATORIES, INC., ET AL.

Supreme Court of United States.

Decided June 22, 2006.

Attorney(s) appearing for the Case

Jonathan S. Franklin argued the cause for petitioner. With him on the briefs were Catherine E. Stetson and Jessica L. Ellsworth.

Deputy Solicitor General Hungar argued the cause for the United States as amicus curiae. With him on the brief were Solicitor General Clement, Assistant Attorney General Keisler, Daryl Joseffer, Anthony J. Steinmeyer, Jeffrey Clair, John M. Whealan, and Stephen Walsh.

Miguel A. Estrada argued the cause for respondents. With him on the brief were Glenn K. Beaton, Mark A. Perry, Jeffrey A. Wadsworth, and Mark A. Lemley.*

PER CURIAM.

The writ of certiorari is dismissed as improvidently granted.

THE CHIEF JUSTICE took no part in the consideration or decision of this case.

JUSTICE BREYER, with whom JUSTICE STEVENS and JUSTICE SOUTER join, dissenting.

This case involves a patent that claims a process for helping to diagnose deficiencies of two vitamins, folate and cobalamin. The process consists of using any test (whether...

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