Dietary Supplement Patent Invalid Under 35 U.S.C. § 101, Federal Circuit Affirms

March 17, 2023

Authored and Edited by Caitlin E. Fowler; Justin J. Hasford

In Chromadex, Inc. v. Elysium Health, Inc., No. 22-1116 (Fed. Cir. Feb. 13, 2023), the Federal Circuit affirmed a district court’s decision granting Elysium’s motion for summary judgment that the asserted claims of U.S. Patent No. 8,197,807, which are generally directed to dietary supplements containing isolated nicotinamide riboside, are invalid under 35 U.S.C. § 101.

The Federal Circuit found that the isolated nicotinamide riboside in the claimed composition is neither structurally nor functionally different from its natural counterpart in milk, and thus held that the claims are directed to a patent-ineligible product of nature. For a more detailed analysis of this case, please see Finnegan’s Prosecution First blog.

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