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July 30, 2009


It appears that following the minority "opinion" in Metabolite that a 101 challenge would be the best against this claim. Other than cost, why did the third party requester seek the ex parte reexam rather than a direct challenge?

Dear saddle:

I suspect either 1) this was Labcorp under another guise,or 2) it was someone who either wasn't infringing (yet) or didn't have sufficient cause to file a declaratory judgment action. I have no additional knowledge, however.

Thanks for the comment.


Very interesting case. And sorry we didn't get a chance to chat in Madison.

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