News & Analysis as of

Patent-Eligible Subject Matter Dietary Supplements

Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a... more +
Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes.  less -
AEON Law

Patent Poetry: Federal Circuit: Dietary Supplement Patent Invalid

AEON Law on

The Federal Circuit has affirmed a district court’s decision granting a motion for summary judgment that the asserted claims of a dietary supplement patent are invalid under 35 U.S.C. § 101. Under 35 U.S.C. § 101, - ...more

MoFo Life Sciences

Don’t Cry Over Spilled Milk: Federal Circuit Finds Milk Vitamin Patent Invalid

MoFo Life Sciences on

In ChromaDex Inc. v. Elysium Health Inc., the Federal Circuit found U.S. Patent No. 8,197,807 (the “’807 patent”), which is directed to a dietary supplement comprising an isolated vitamin, invalid for lack of subject matter...more

Foley & Lardner LLP

Federal Circuit Weighs In On Patent Eligibility Of Isolated Vitamin

Foley & Lardner LLP on

It has been a while since the Federal Circuit weighed in on the patent eligibility of so-called “natural product” claims. While the finding of non-eligibility in ChromaDex, Inc. v. Elysium Health, Inc. is not surprising, it...more

Foley & Lardner LLP

Federal Circuit Upholds Method Of Treatment Claims Under Vanda And Distinguishes Mayo

Foley & Lardner LLP on

In Natural Alternatives Internat'l v. Creative Compounds, LLC, the Federal Circuit vacated the district court decision that held the asserted claims invalid under 35 USC § 101 at the pleadings stage. I previously wrote about...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Weighs in on Patent Subject-Matter Eligibility of Dietary Supplements

The Federal Circuit weighed in on patent subject matter eligibility again last week, finding certain amino-acid containing dietary supplements, and related methods of use, to be patent eligible. In Natural Alternatives Int’l...more

Stinson LLP

Federal Appeals Court Cautions Against Overapplication of Alice in Biotechnology

Stinson LLP on

In Natural Alternatives Intl. v. Creative Compounds, LLC, the U.S. Court of Appeals for the Federal Circuit reversed a decision by a lower court finding claims directed to dietary supplements containing beta-alanine...more

Knobbe Martens

Natural Alternatives Int'l, Inc. v. Creative Compounds, LLC

Knobbe Martens on

Federal Circuit Summary - Before Moore, Reyna, and Wallach. Appeal from the Southern District of California. Summary: District court improperly held that claims were directed to a natural law where the claims recited a...more

BakerHostetler

The Federal Circuit Opens the Door Wider for the Subject Matter Eligibility of Methods of Treatment, Compositions and Methods of...

BakerHostetler on

“We live in a natural world, and all inventions are constrained by the laws of nature . . . we must be careful not to overly abstract claims when performing the Alice analysis.”...more

Foley & Lardner LLP

District Court Invalidates Dietary Supplement Patents On Motion To Dismiss

Foley & Lardner LLP on

The U.S. District Court for the Southern District of California invalidated several dietary supplement product and method patents as being directed to ineligible subject matter, even though they claimed products providing a...more

9 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide