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Nashua company sued over breath testing copyright

NASHUA — Metabolic Solutions, a Nashua-based clinical lab that specializes in breath testing, has been hit with a lawsuit for copyright infringement over its test kits for digestive disorders.

Metabolic Solutions, which has been in business since 1990, supplies and processes test kits for health care professionals and individual consumers.

For roughly $110, the company can analyze a breath sample and determine if an individual has the intestinal bacteria that causes common ailments such as irritable bowel syndrome. Metabolic Solutions processes about 25,000 test kits each year.
But Commonwealth Laboratories, located in Salem, Mass., claims it now has an exclusive licensing agreement to produce and analyze the breath tests.

Although neither side would talk about the suit, which will be heard in Florida, Mark Stein, a lawyer for Commonwealth, said his client signed an exclusive agreement with Cedar Sinai Medical Center, which has held a patent on the tests since 2004.
However, a spokesman for Metabolic Solutions said this type of breath testing has been in use for many years, and Commonwealth’s licensing agreement was signed in the fall of 2013.

Metabolic Solutions also holds several patents on various types of breath testing and analysis and has been awarded several small business research grants.
Owned and operated by David Wagner, a longtime leader and consultant in New England’s medical device and biotech industries, Metabolic Solutions typically employs between five and nine people.

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