Injunction Lifted In Metabolite Case

In a case that reached the U.S. Supreme Court regarding subject-matter patentability, a Colorado federal court judge has confirmed that a permanent injunction that prevented Laboratory Corp. of America Holdings from using allegedly infringing vitamin deficiency tests is no longer in effect.
Judge Zita Wienshienk of distric of colorado on friday confirmed the dissolution of permanent injunction because patent in suit US4940658 expired in July. The said patent covered a method of detection test which determine the level of vitamin B in the blood with the amount of homocystein amino acid. Metabolite claimed the patent covered any test that quantify the amount of homocystein
As the said patent expired in July, Labcorp sought an order to confirm that the injunction ended because it believed metabolite would try to extend injunction beyond the life of the patent. Labcorp is in litigation with metabolite regarding royalty payments not covered in the patent infringement suit.