News & Analysis as of

Patents Dietary Supplements

DLA Piper

Feeble § 101 Litigation Position Results in Significant Award of Fees and Costs

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The District Court of Delaware recently confirmed an award of $9.15 million in attorney’s fees and costs to defendant Elysium Health, Inc. (Elysium), resulting from what it determined to be insubstantial litigation positions...more

MoFo Life Sciences

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

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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

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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

McDermott Will & Emery

Intellectual Property & Health | News To Know – June 2022

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RUSSIA RESPONDS TO WESTERN SANCTIONS WITH PATENT RETALIATION - On March 6, 2022, the Russian government retaliated against the West’s imposition of sanctions by issuing a decree permitting patented innovations to be used...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - March 2021

The March 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses fair use cases for photographs and three recent developments in the cannabis space. We also highlight recent accolades earned by Sterne Kessler's...more

Fish & Richardson

IP and Cannabis: The Current Landscape

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Cannabis is a rapidly growing industry; in 2019, overall sales of cannabis products legal under state law were estimated to be worth $13.6 billion, with an expected increase to $29.7 billion by 2025. While marijuana remains a...more

Akin Gump Strauss Hauer & Feld LLP

The Federal Circuit Finds Jurisdiction over the ITC’s Decision Not to Institute an Investigation Under Section 337 and Explains...

• The International Trade Commission (ITC) can decline to institute an investigation when a complaint fails to state a cognizable claim under Section 337 of the Tariff Act, 19 U.S.C. § 1337 (“Section 337”). • A decision...more

Foley & Lardner LLP

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

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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

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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

Foley & Lardner LLP

Federal Circuit Vacates Natural Product Challenge Of Dietary Supplement Claims

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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. The claims at issue...more

Knobbe Martens

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

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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...

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“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

Wilson Sonsini Goodrich & Rosati

Important Legislative and Regulatory Changes Impacting the Commercialization of Cannabis, Hemp, and CBD

A number of important changes have occurred in the cannabis, hemp, and cannabidiol (CBD) spaces. This alert presents a snapshot of significant developments and selected future predictions....more

Troutman Pepper Locke

Aligning a Product's Marketing, Regulatory and IP Plans

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Patent protection can be critical for health care products, including medical devices, prescription drugs, dietary supplements and software as a medical device (SaMD). Originally published in Law360 - September 8, 2017....more

McDonnell Boehnen Hulbert & Berghoff LLP

Natural Alternatives International, Inc. v. Allmax Nutrition, Inc. (S.D. Cal. 2017)

Last month, in Natural Alternatives International, Inc. v. Allmax Nutrition, Inc., District Judge Marilyn L. Huff of the U.S. District Court for the Southern District of California denied a Motion for Reconsideration filed by...more

Foley & Lardner LLP

District Court Invalidates Dietary Supplement Patents On Motion To Dismiss

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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

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