• Supreme Court Bypasses Major Patentability Issue
  • July 5, 2006 | Authors: Linda T. Coberly; Gene C. Schaerr
  • Law Firm: Winston & Strawn LLP - Chicago Office
  • One of the most interesting decisions of the Supreme Court's October 2005 Term was a decision not to decide a case. The case of LabCorp v. Metabolite Laboratories, Inc., No. 04-607, was one of the most closely watched patent cases in recent memory. Rather than reaching the merits, however, the Court dismissed the writ as improvidently granted. That result is particularly interesting for two reasons: First, the Court's decision is more likely due to the change in personnel on the Court than to a late-discovered problem in the record, which is ordinarily the reason for such a dismissal. And second, the dismissal prompted a long and highly unusual dissent from three members of the Court.