News and Events > University of Colorado Health Sciences Center Faculty Patent Upheld by Federal Circuit Court

University of Colorado Health Sciences Center Faculty Patent Upheld by Federal Circuit Court

June 18, 2004

Boulder, CO

The U.S. Federal Circuit Court of Appeals this week issued a ruling favorable to two University of Colorado inventors, upholding an earlier jury verdict and a Colorado District Court decision. The appeals court found Laboratory Corporation of America (LabCorp) liable for willful infringement of patent rights to a widely-used medical diagnostic test. LabCorp, which reported sales of $2.9 billion in 2003, is expected to pay a $2.1 million judgment and $4.5 million in damages and interest to Competitive Technologies, Inc., it's clients, the University of Colorado and Columbia University, and it's licensee Metabolite Laboratories, Inc. . The lawsuit was initiated in 1999.

The ruling affirms the validity of a patent derived from discoveries made by Dr. Robert Allen and Dr. Sally Stabler, professors at the University's Health Sciences Center in collaboration with a Columbia University researcher.

University of Colorado President Betsy Hoffman said, "We're pleased with this long-anticipated outcome and very grateful to our faculty-inventors for their convincing and resolute support of the University's position."

The patent covers a method for identifying patients with vitamin B12 or folate deficiency by assaying homocysteine levels. Elevated homocysteine levels have been linked to cardiovascular and vascular disease, pregnancy complications, and dementias including Alzheimer's. According to Dr. Stabler, "Evidence is rapidly accumulating that high homocysteine is associated with early death, vascular events, depression and cognitive disorders. High homocysteine due to vitamin B12 deficiency is quite common in seniors. High dose vitamin therapy using vitamin B12 and folic acid can lower or normalize homocysteine safely and inexpensively."

The disputed patent is licensed to a number of clinical laboratories and has earned CU royalties for more than a decade, but payments were significantly depressed during the five-year patent litigation. Competitive Technologies, Inc. in conjunction with its two university partners will move now to recover back royalties while promoting the laboratory test through increased licensing efforts.

Dr. Jack Burns, CU's Vice President for Academic Affairs and Research said that "CU doesn't back away when our intellectual property rights are challenged. Our faculty are at the forefront in science and technology innovation and the University will defend the intellectual property assets embodied in their research."