US to rule on research patent

[摘要] Before the US Supreme Court adjourns at the end of June, 2006, it may decide whether a patent based on a biological relationship between two substances can be issued. A verdict could have implications for many other US and worldwide patents. The case, Laboratory Corporation of America Holdings (LabCorp) against Metabolite Laboratories, deals with the field of biomedical diagnostics. It stems from a patent infringement case over method for diagnosing vitamin B deficiencies. In 1990, Metabolite patented a diagnostic test, based on an assay that measures blood levels of homocysteine, an amino acid. Metabolite licensed the test to LabCorp, a clinical testing company. LabCorp stopped using it in 1998 and replaced it with a similar test developed by another company. When LabCorp stopped paying royalties, Metabolite sued for patent infringement. In the case heard by the Supreme Court on the 21st of March, LabCorp argued that Metabolite had patented a law of nature by asserting ownership of the relationship between homocysteine levels and vitamin B12.