Fed. Circ. Clarifies Alice In Reviving Supplement Co.'s IP Suit

Law360 (March 15, 2019, 5:29 PM EDT) -- A split Federal Circuit on Friday revived a dietary supplement company’s patent suit against a rival after a lower court found the claims to be patent-ineligible, warning that courts must be careful not to “overly abstract” claims under the U.S. Supreme Court’s Alice test.

Writing for the majority, U.S. Circuit Judge Kimberly A. Moore found that the claims in Natural Alternatives International Inc.’s patents for dietary supplements containing beta-alanine, which it accused Creative Compound LLC of infringing, were not directed to ineligible matter under Alice Corp. v. CLS Bank International. Although beta-alanine is a natural substance, the claims did not only...

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