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METABOLITE LABORATORIES, INC. and Competitive Technologies, Inc., Plaintiffs-Appellees, v. LABORATORY CORPORATION OF AMERICA HOLDINGS (doing business as LabCorp), Defendant-Appellant

United States Court of Appeals for the Federal Circuit2005-01-24No. No. 03-1624
121 F. App'x 396

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Opinion

majority opinion

BRYSON, Circuit Judge.

ORDER

Laboratory Corporation of America Holdings (LabCorp) moves for the entry of judgment in this attorney fee case in favor of Metabolite Laboratories, Inc. et al. in view of the court’s disposition of the underlying merits, Metabolite Labs., Inc. v. Laboratory Corp. of Am. Holdings, 370 F.3d 1354 (Fed.Cir.2004). Metabolite consents. LabCorp replies. Upon consideration thereof,

IT IS ORDERED THAT:

(1) LabCorp’s motion for summary affirmance of the August 5, 2003 attorney fee judgment of the United States District Court for the District of Colorado, 99-Z-870, is granted.

(2) Each side shall bear its own costs.