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Xlear, Inc. v. STS Health, LLC

Representative Claim(s)

  1. A method of cleaning the nasopharynx in a human in need of said method which comprises nasally administering an effective amount of xylitol/xylose in solution.

Posture:

Motion to Dismiss was Denied

Exception Category: None

“[A]lthough Claim 1 of the ’143 Patent recites a nature-based product (xylitol/xylose), the claim as a whole is focused on the process of practically applying the product to treat a particular condition (cleaning the nasopharynx).”

“[T]he ’143 Patent ‘claims methods for the delivery of xylitol/xylose, not the naturally occurring product itself.’”

Significantly More: Not Decided

“It claims a process or method which is not a law of nature or natural phenomenon and which, according to [the plaintiff], has not been previously applied in this manner.”