Sunday, July 30, 2017 10:31:07 PM
Inter Partes Review is a controversial new procedure that has been used to aggressively invalidate patents, and has provided significant relief to practitioners dealing with patent trolls. The Supreme Court agreed last month to hear whether IPR is constitutional (the legal risk is that IPR impairs property rights with inadequate procedural protections).
So at a superficial level, using IPR to invalidate ChromaDex's patent (which they licensed from Dartmouth) on the method of producing NR seems like a great idea. Digging deeper, there are several problems for Elysium.
First, as you point out, IF the claim is that NR isn't patentable because it is a naturally occurring substance, that won't matter because the invention that the patent is protecting is a particular method of synthesizing NR, not the molecule itself.
Second, IPR works great against patent trolls, but maybe not in a competitor case, which this is. (What "competitor case" means is that ChromaDex is actually using the patent to run a business, not merely extorting royalties from someone else who is trying to run a business. Patent Trolls, by contrast, are "non-practicing entities" (NPEs).)
Third, IPR hasn't been as harsh to patent holders in the Pharma space as elsewhere (possibly because the patent owners are more frequently practitioners).
Fourth, IPR itself might be unconstitutional, and the shadow of the Supreme Court's cert-grant might reduce the Appeal Board's tendency to nullify patents wantonly.
In general, it seems to me that if Elysium has a satisfactory alternative to NR -- efficacious and affordable -- then they would not be messing with IP litigation, which is expensive. So the presence of this Inter Partes Review proceeding is an indication of Elysium's poor position.
As always, I think Elysium promised to use science to clean up the supplement industry, which would have been an incredibly valuable service, and instead they appear to be focusing more on using litigation to try to improve their profits, which ought to have already led to the dissolution of their Nobel Prize winning advisory board, which can't give them any useful advice about litigation. [If they had some Nobel Prize winning lawyers on their advisory board, they wouldn't have gotten themselves into this position in the first place.]
Recent CDXC News
- ChromaDex’s NIAGEN® (Patented Nicotinamide Riboside, NR), the Most Efficient and High-Quality NAD+ Precursor, Featured in New Solgar® Cellular Nutrition Cellular Energy Supplement • Business Wire • 04/30/2024 12:32:00 PM
- ChromaDex Announces Nationwide Launch of Tru Niagen® at The Vitamin Shoppe® • Business Wire • 04/25/2024 12:34:00 PM
- ChromaDex to Report First Quarter 2024 Financial Results on Wednesday, May 8, 2024 • Business Wire • 04/24/2024 12:34:00 PM
- ChromaDex Announces Inaugural Major Grocery Debut of Tru Niagen® at Sprouts Farmers Market • Business Wire • 04/23/2024 12:32:00 PM
- ChromaDex Announces Tru Niagen® is Now Third-Party Verified Through the Alkemist Assured™ Transparency Program • Business Wire • 03/26/2024 12:32:00 PM
- ChromaDex Corporation Reports Fourth Quarter and Fiscal Year 2023 Results • Business Wire • 03/06/2024 09:04:00 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 03/06/2024 09:02:29 PM
- Form 10-K - Annual report [Section 13 and 15(d), not S-K Item 405] • Edgar (US Regulatory) • 03/06/2024 09:01:37 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 02/24/2024 02:00:40 AM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 02/24/2024 01:59:47 AM
- ChromaDex to Report Fourth Quarter 2023 Financial Results on Wednesday, March 6, 2024 • Business Wire • 02/21/2024 01:32:00 PM
- ChromaDex to Participate in Renmark’s Virtual Non-Deal Roadshow on Monday, February 12, 2024 • Business Wire • 02/05/2024 01:32:00 PM
- ChromaDex to Present at the Lytham Partners 2024 Investor Select Conference • Business Wire • 01/26/2024 09:08:00 PM
- ChromaDex Supports the US Military with its Industry Leading NAD+ Supplement, Tru Niagen® • Business Wire • 12/20/2023 02:04:00 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 12/13/2023 09:00:16 PM
- Neurohacker Collective and ChromaDex Partner to Optimize Cellular Health with the Debut of Qualia NAD+ • PR Newswire (US) • 12/12/2023 03:30:00 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 12/04/2023 09:12:33 PM
- A Milestone Phase I Randomized, Double-Blind Clinical Trial Demonstrates High-Dose Niagen®, Patented Nicotinamide Riboside (NR), Supplementation Induces a Potent NAD+ Response and Is Associated With Mild Improvement in Parkinson's Disease (PD) • Business Wire • 11/30/2023 01:34:00 PM
- Newly Published Phase II Clinical Study Demonstrates that Supplementation with Niagen®, Patented Nicotinamide Riboside (NR), Elevates NAD+ Up to Fourfold, Improving Motor Coordination and Eye Movement in Ataxia Telangiectasia (AT) Patients • Business Wire • 11/15/2023 01:32:00 PM
- ChromaDex to Participate in Renmark’s Virtual Non-Deal Roadshow on Tuesday, November 14, 2023 • Business Wire • 11/09/2023 01:32:00 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 11/08/2023 09:02:24 PM
- ChromaDex Corporation Reports Third Quarter 2023 Financial Results • Business Wire • 11/08/2023 09:02:00 PM
- Form 10-Q - Quarterly report [Sections 13 or 15(d)] • Edgar (US Regulatory) • 11/08/2023 09:01:06 PM
- ChromaDex Debuts Clinical Strength Tru Niagen® Pro 1,000mg Featuring Niagen® (Patented Nicotinamide Riboside), One of the Most Efficient Nicotinamide Adenine Dinucleotide (NAD+) Boosters Available, to Consumers Nationwide • Business Wire • 11/01/2023 12:34:00 PM
- ChromaDex to Report Third Quarter 2023 Financial Results on Wednesday, November 8, 2023 • Business Wire • 10/31/2023 12:34:00 PM
FEATURED Cannabix Technologies Launches New Compact Breath Logix Workplace Series and Prepares for Delivery to South Africa • May 7, 2024 8:51 AM
Moon Equity Holdings, Corp. Announces Acquisition of Wikolo, Inc. • MONI • May 7, 2024 9:48 AM
NanoViricides Reports that the Phase I NV-387 Clinical Trial is Completed Successfully and Data Lock is Expected Soon • NNVC • May 2, 2024 10:07 AM
ILUS Files Form 10-K and Provides Shareholder Update • ILUS • May 2, 2024 8:52 AM
Avant Technologies Names New CEO Following Acquisition of Healthcare Technology and Data Integration Firm • AVAI • May 2, 2024 8:00 AM
Bantec Engaged in a Letter of Intent to Acquire a Small New Jersey Based Manufacturing Company • BANT • May 1, 2024 10:00 AM