On February 13, 2023, a Fed. Cir. panel of Judges Prost, Chen and Stoll (Prost writing) held, in Appeal no. 2022-1116, that the asserted claims 1-3 of U.S. Patent No. 8,197, 807 are directed to unpatentable subject matter, namely to a natural product, nicotinamide riboside (“NR”). Since the panel relied heavily on its opinion in Natural Alternatives International, Inc. v. Creative Compounds, LLC., 918 F.3d 1338 (Fed. Cir, March 15, 2019), it would be helpful to read my post of March 18, 2019. With respect to the composition claims in suit in Natural Alternatives, claim 6 of U.S. Patent No. 7,504,376 depended from claim 1, a claim that almost certainly would have been found patent ineligible. It recited a “naked” composition comprising a simple mixture of two natural products, glycine and beta-alanine, its esters and amides, and beta-alanine di-peptide and another dipeptide.

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