Saturday, February 04, 2017 12:52:45 PM
(NOT Legal Advice; just speculation about the competing allegations)
I get it that Elysium thinks they got burned on price. Maybe they did, maybe they didn't, depending on exactly what were the terms of the MFN clause, and whether Chromadex's alleged breach was significant or insignificant.
I do not get it that because of the alleged breach, Elysium was entitled to order supplies, determine their own damages, and then refuse to pay if Chromadex did not agree with Elysium's damages assessment.
Moreover, Elysium's counterclaim for improperly tying sales of patented product to licensing the Niagen trademark makes no sense to me. Most tying law seems to be about tying different products -- like requiring a licensor of patented bolts to also use unpatented nuts. By contrast, a manufacturer licensing Crest toothpaste would seem to have a non-controversial right to require that the toothpaste be sold as "Crest" and not as something else, if the parties agreed to that. That's not a different product; it's the same product, so why would tying law apply? And if tying law does not apply, then how does market power become relevant? Call me puzzled.
Similarly, Elysium claims that they were fraudulently induced to into licensing the Niagen trademark because others were also required to do so. Even if others were NOT required to do so, that fraud claim would seem to rely on facts at the time of the contract, not later subsequent developments, which I am not sure that Elysium has alleged. Elysium perhaps admits this when they carefully change verb tenses when discussing this issue: "That WAS not true...Chromadex DOES not require" (emphasis added) as opposed to "Chromadex DID not require."
And again, Elysium claims that their exclusive right to bundle Niagen & PteroPure applies to resveratrol, too. Resveratrol is different from Pterostilbene, no matter how it is described by the parties, so unless the "substantially similar" language is in the supply agreement, this seems like a stretch to me, too.
Those are smart people over at Skadden, so maybe they see deeper possibilities, but I can imagine a judge tossing out all the alleged torts and telling the parties to settle their contract claims. If others can, too, that might be the reason why the CDXC stock price has been floating upward since Elysium's answer was filed on January 25th.
Recent CDXC News
- Form 8-K - Current report • Edgar (US Regulatory) • 09/20/2024 12:32:40 PM
- ChromaDex Appoints Ozan Pamir as Chief Financial Officer • Business Wire • 09/20/2024 12:32:00 PM
- ChromaDex Announces Expansion of Pharmaceutical-Grade Niagen® IV and Injection Offerings to Additional Leading Wellness Clinics • Business Wire • 09/10/2024 12:32:00 PM
- ChromaDex Celebrates 25 Years of Innovation and Pioneering NAD+ Research for Healthy Aging Solutions • Business Wire • 09/09/2024 12:34:00 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 08/26/2024 11:06:28 PM
- Form 144 - Report of proposed sale of securities • Edgar (US Regulatory) • 08/23/2024 03:52:27 PM
- ChromaDex to Participate in Renmark’s Virtual Non-Deal Roadshow Series On Thursday, August 29, 2024 • Business Wire • 08/23/2024 12:34:00 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 08/21/2024 10:15:05 AM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 08/21/2024 10:15:03 AM
- Form SC 13D/A - General Statement of Acquisition of Beneficial Ownership: [Amend] • Edgar (US Regulatory) • 08/21/2024 10:06:58 AM
- Form SC 13D/A - General Statement of Acquisition of Beneficial Ownership: [Amend] • Edgar (US Regulatory) • 08/21/2024 10:05:57 AM
- ChromaDex Secures U.S. Patent for the Composition of Matter of Salt Forms of NMNH (Dihydronicotinamide Mononucleotide), a Precursor to NAD+ • Business Wire • 08/19/2024 12:32:00 PM
- ChromaDex Corporation Reports Second Quarter 2024 Financial Results • Business Wire • 08/07/2024 08:04:00 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 08/07/2024 08:02:12 PM
- Form 10-Q - Quarterly report [Sections 13 or 15(d)] • Edgar (US Regulatory) • 08/07/2024 08:01:36 PM
- ChromaDex to Present at Canaccord Genuity’s 44th Annual Growth Conference • Business Wire • 08/05/2024 12:32:00 PM
- Form 3 - Initial statement of beneficial ownership of securities • Edgar (US Regulatory) • 07/26/2024 08:52:56 PM
- ChromaDex to Report Second Quarter 2024 Financial Results on Wednesday, August 7, 2024 • Business Wire • 07/24/2024 12:34:00 PM
- ChromaDex Launches Niagen+ NAD+ Test Kit Available Exclusively to Health Care Practitioners (HCPs) • Business Wire • 07/23/2024 12:32:00 PM
- ChromaDex Appoints Carlos Lopez as Senior Vice President, General Counsel • Business Wire • 07/22/2024 12:34:00 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 07/16/2024 08:00:18 PM
- ChromaDex Announces Pharmaceutical-Grade Intravenous and Injectable Niagen® Will Debut at Leading Wellness Clinics in August • Business Wire • 07/16/2024 12:34:00 PM
- ChromaDex to Join Russell 2000® Index • Business Wire • 07/01/2024 12:32:00 PM
- Milestone Phase II Clinical Study Demonstrates Niagen®, Patented Nicotinamide Riboside (NR), Improves Functional Mobility for Individuals with Peripheral Artery Disease (PAD) • Business Wire • 06/24/2024 12:32:00 PM
- ChromaDex to Launch Niagen+, the First-Of-Its-Kind Pharmaceutical-Grade Intravenous and Injectable Niagen® (Patented Nicotinamide Riboside Chloride or NRC) • Business Wire • 06/13/2024 12:32:00 PM
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