News & Analysis as of

Section 101 Patents Dietary Supplements

DLA Piper

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

DLA Piper on

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

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

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

Foley & Lardner LLP

Federal Circuit Vacates Natural Product Challenge Of Dietary Supplement Claims

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. The claims at issue...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

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