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

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 eligibility under 35 U.S.C. § 101.  ChromaDex, a dietary supplement company and licensee of the ’807 patent brought a patent infringement suit against Elysium. The district court initially found the ’807 patent invalid under 35 U.S.C. § 101 as directed to a natural product. The Federal Circuit affirmed the district court’s decision, concluding that the dietary supplement in the asserted claims was not markedly different from naturally occurring milk.

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