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LABORATORY CORP. v. METABOLITE LABORATORIES

No. 2008-1597.

599 F.3d 1277 (2010)

LABORATORY CORPORATION OF AMERICA HOLDINGS (doing business as LabCorp), Plaintiff-Appellee, v. METABOLITE LABORATORIES, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

March 11, 2010.

Attorney(s) appearing for the Case

Gregory A. Castanias, Jones Day, of Washington, DC, argued for plaintiff-appellee. With him on the brief was Leon F. DeJulius, Jr., of Pittsburgh, PA. Of counsel on the brief were Natalie Hanlon-Leh and Nina Y. Wang, Faegre & Benson LLP, of Denver, CO.

Mark A. Perry, Gibson, Dunn & Crutcher LLP, of Washington, DC, argued for defendant-appellant. With him on the brief were Glenn K. Beaton and Kourtney M. Mueller, of Denver, CO.

Opinion for the court filed by Circuit Judge GAJARSA. Dissenting Opinion filed by Circuit Judge DYK.

GAJARSA, Circuit Judge.

Metabolite appeals from the United States District Court for the District of Colorado's grant of summary judgment. See Lab. Corp. of Am. Holdings v. Metabolite Labs., Inc., 571 F.Supp.2d 1199 (D.Colo.2008). The district court granted LabCorp's motion for summary judgment on its complaint for declaratory judgment that it did not breach a license agreement for failure to pay know-how royalties...

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