Says 23andMe’s DNA Patent is Invalid

Several months ago, genealogy company 23andMe Inc. filed a lawsuit against rival claiming false advertising and patent infringement. 23andMe asked the courts to invalidate the “Ancestry” trademark. The lawsuit claimed Ancestry sells a DNA-based ancestry test that infringes 23andMe’s patent. See my earlier article at for the details.

In court yesterday, Ancestry told a California federal judge that the patent is invalid under the U.S. Supreme Court’s Alice standard because it’s not inventive and relies on natural phenomenon.

A decision by the court is expected within a few weeks.


Oh for crying out loud! You both make more money than the koch brothers – get over yourselves. It’s like being in pre-school


Looks like they are using both the Alice decision and the Mayo decision. I saw an article about the Mayo decision and was in the middle of blogging about it when your e-mail showed up in my inbox mentioning the Alice standard. I did more research and Law360 has two articles covering the issue; the newer one cites Alice and the older one (early July) cites Mayo. I didn’t feel like signing up for the free 7 day trial so I kept looking. Another search came up with both Mayo and Alice being raised by Ancestry back in July,


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