No. 23A95

ChromaDex, Inc., et al. v. Elysium Health, Inc.

Lower Court: Federal Circuit
Docketed: 2023-08-01
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: composition-of-matter isolated-natural-substance markedly-different-characteristics myriad-genetics patent-eligibility section-101
Key Terms:
Patent
Latest Conference: N/A
Question Presented (from Petition)

1. This case presents important questions about the framework for determining patent eligibility. In particular, the case concerns whether compositions are patent-eligible when they contain a natural substance that has been isolated and incorporated into a dosage form, but have different characteristics than and can be used in a different manner than the substance as it appears in nature. This Court addressed a related, but distinct question in Association for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. 576 (2013), and the Federal Circuit has applied Myriad inconsistently.

Question Presented (AI Summary)

Whether a composition containing an isolated natural substance that exhibits markedly different characteristics from the substance as it appears in nature and possesses significant utility is patent-eligible subject matter under 35 U.S.C. § 101, or whether the act of isolation alone is insufficient to confer patent eligibility absent additional human intervention or transformation

Docket Entries

2023-08-01
Application (23A95) granted by The Chief Justice extending the time to file until September 7, 2023.
2023-07-28
Application (23A95) to extend the time to file a petition for a writ of certiorari from August 8, 2023 to September 7, 2023, submitted to The Chief Justice.

Attorneys

ChromaDex, Inc., et al.
Kevin Franz KingCovington & Burling LLP, Petitioner