The Federal Circuit affirmed the District of Delaware’s decision granting Merial LLC’s motion to dismiss for failure to state a claim. The Federal Circuit found that the claim at issue was directed to unpatentable subject matter under § 101. The Federal Circuit applied the two-step test for patent eligibility from the Supreme Court cases Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014) and Mayo Collaborative Servs. v. Prometheus Labs., Inc., 132 S. Ct. 1289 (2012). The claim at issue was directed to the discovery that amplification of intron DNA sequences exhibiting linkage disequilibrium with specific loci can be used to detect alleles of those loci. This relationship—widely used in genetic testing—can be used to determine whether a human has a mutation in a certain allele when the identity of the mutation is unknown. Under the Mayo/Alice analysis, the Federal Circuit found that (1) “the correlation between variations in non-coding regions and allele presence in the coding regions is a consequence of the naturally occurring linkages in the DNA sequence;” and (2) the physical steps implemented in the claim to analyze that natural relationship were “‘well-understood, routine, conventional activity’ already engaged in by those in the field.” Thus, under the Mayo/Alice test, the subject matter was not patent eligible under § 101.