Not sure how someone would actually file an infringement lawsuit for not eating, though. This therapy has a little tiny bit of prior art (e.g. several hundred million years).
Patent applications and prosecutions are difficult, much more difficult than I think most realize. Try it yourself (be sure to have at least a spare $13000 lying around) and come back in a year or so with your scars, if you're one of the folks randomly sniping about the process. It's far, far, far from perfect; but it evolves (see for example Myriad, Prometheus, and Alice for important recent cases) and the worst mistakes do get corrected.
JMHO