ChromaDex Corp. (CDXC)

[Milarepa]

Discovery Dispute Update:
ChromaDex seems to have gotten most of what it wants in the second discovery dispute, although a few items remain in contention.
https://www.right-of-assembly.org/single-post/2018/12/07/Discovery-Dispute-in-California-Narrows

[Milarepa]

Elysium's Reply Brief for Stay in Delaware
https://www.right-of-assembly.org/single-post/2018/11/28/Elysiums-Reply-Brief-for-Stay-in-DE
I predict that Judge Connolly will deny the motion, or at most stay the proceeding only for a month or two until the PTAB ruling.

[Milarepa]

California Court allows ChromaDex to file a Fifth Amended Complaint adding new claims against Elysium and Mark Morris:
https://www.right-of-assembly.org/single-post/2018/11/27/ChromaDexs-Motion-to-File-5th-Complaint-Granted

[Milarepa]

ChromaDex's best-case scenario would be if the PTAB upholds the patents in January, and if the SDNY dismisses most of Elysium's claims in January based on Noerr-Pennington immunity. That scenario is highly plausible, although of course not a sure thing. But if it occurs, then Elysium will be mostly playing defense.

[BAR123]

I think that this will be a trading stock for the better part of the next 7-12 months until the legal stuff gets settled. just like it has been for the last 3 years.

[Milarepa]

ChromaDex Brief in Opposition to Stay in Delaware:
https://www.right-of-assembly.org/single-post/2018/11/21/ChromaDexs-Opposition-to-Staying-the-DE-Patent-Infringement-Case

[Milarepa]

Omnibus Litigation Updates:
Elysium disputes ChromaDex's evidence of no-toluene...
https://www.right-of-assembly.org/single-post/2018/11/17/Elysium-Disputes-CDXCs-Toluene-Proof

and,
In California: Trial Delayed to July 9
In Delaware: Scheduling Conference Postponed
In New York: ChromaDex Allowed to Submit Additional Evidence

https://www.right-of-assembly.org/single-post/2018/11/18/Miscellaneous-Litigation-Updates-in-CA-NJ-and-NY

[Milarepa]

Minor Litigation update -- ChromaDex submits evidence in NY showing that it never sold products containing measurable amounts of toluene direct to consumers, contra Elysium's suggestions in summary judgment brief:
https://www.right-of-assembly.org/single-post/2018/11/13/CDXC-Proves-No-Toluene-in-NY-Supplemental-Filing

[Milarepa]

Litigation Update: New Complaint and Delays in CA
We expected this, but now it is confirmed.
(1) ChromaDex wants to file a Fifth Amended Complaint with claims against Morris and new claims against Elysium...
https://www.right-of-assembly.org/single-post/2018/11/09/ChromaDex-Asks-to-File-Fifth-Amended-Complaint-in-California

(2) The parties have jointly requested to move Discovery and Trial back another three months...
https://www.right-of-assembly.org/single-post/2018/11/09/Trial-Delay-Proposed-in-CA

[Milarepa]

Litigation Update: Elysium Requests Stay in Delaware
https://www.right-of-assembly.org/single-post/2018/11/08/Elysiums-Motion-to-Stay-in-Delaware

[Milarepa]

The parties have filed supplemental Briefs regarding the second discovery dispute in California
https://www.right-of-assembly.org/single-post/2018/10/31/Supplemental-Briefs-in-CA-Discovery-Dispute-2

[Milarepa]

Litigation Update: Elysium's and ChromaDex's Summary Judgment Briefs in New York

ChromaDex's Brief:
https://www.right-of-assembly.org/single-post/2018/10/29/ChromaDexs-SJ-Brief-in-NY

Elysium's Brief:
https://www.right-of-assembly.org/single-post/2018/10/30/Elysiums-SJ-Brief-in-New-York

[Milarepa]

Minor Litigation Feature Articles:
Comments on the PTAB Oral Arguments

and

The Lawyers of the ChromaDex-Elysium Litigation

https://www.right-of-assembly.org/single-post/2018/10/27/About-Those-PTAB-Oral-Arguments
https://www.right-of-assembly.org/attorneys

[Milarepa]

Litigation Update: ANOTHER Discovery Dispute in California
ChromaDex files its second motion to compel production
https://www.right-of-assembly.org/single-post/2018/10/24/Discovery-Dispute-2-in-California

[Milarepa]

For those following the Right of Assembly Drama,
Here is a meditation on why my blog is so critical of Elysium Health, and how and why Elysium can and should extract itself from the ChromaDex Litigation Trap:
https://www.right-of-assembly.org/single-post/2018/10/19/Why-Is-This-Blog-So-Critical-of-Elysium-Health

[Wildbilly]

That scatter gun approach looks like a last gasp.

[Milarepa]

Elysium has filed a barrage of new false advertising claims against ChromaDex in New York, as well as using 15 paragraphs to attack me and my blog:
https://www.right-of-assembly.org/single-post/2018/10/15/More-Litigation-Elysium-Answers-Complaint-Attacks-Blogger-and-Adds-Claims

In general, I think the claims against ChromaDex are not too impressive, and their complaints about me are highly improper and based on some false assumptions, which I explain here:
https://www.right-of-assembly.org/single-post/2018/10/16/Why-Are-There-Ads-on-This-Blog-and-Where-do-They-Come-From

The Court in New York has approved October 29 as the deadline for evidence on the Summary Judgment motion regarding Noerr-Pennington immunity for ChromaDex, with ten pages of argument allowed for both sides:
https://www.right-of-assembly.org/single-post/2018/10/16/SJ-Evidence-and-Argument-in-NY-Due-October-29

There has also been a shakeup of attorneys, with the senior partner handling Elysium's case switching from Skadden to Baker Hostetler, but most of the Skadden counsel have not yet withdrawn, and a new associate was added by Cooley in California, and we still don't know who is representing Elysium in Delaware. I'll write up the whole thing when the dust settles.

[BAR123]

Hi milarepa. Just wondering if you have any new or updates for us. It’s been quite a while since we’ve heard any news from CDXC. Just wondering what you are hearing and what your thoughts are on the qtrly results coming up and the stock price. Does everyone think we just trade between four and five for the next six months until this legal issue gets worked out?

[Wildbilly]

I've been a customer for nearly 6 months

and I'm a little chagrined they've neglected to reply to 2 inquiries the last 10 days re: their distribution by healthcare practitioners program.

Normally that's one of many indicators in evaluating a company's products and/or services.
I'll continue on with the product for the time being.

[Milarepa]

Minor Litigation FYI:
I have updated the Litigation Documents page so now it:
1) Includes the Delaware Litigation
2) Is more mobile friendly
3) Includes the most up-to-date scheduling order for California (Trial Scheduled for April 2, 2019)
https://www.right-of-assembly.org/litigation

[Milarepa]

Litigation Update: Partial Decision in New York!
ChromaDex's claims mostly survive Elysium's Motion to Dismiss; Elysium's claims may or may not survive
https://www.right-of-assembly.org/single-post/2018/09/28/Uncertain-Result-in-New-York----Stay-Tuned

[Milarepa]

Minor Liigation Update: Details on Tuesdays oral arguments before the PTAB (e.g., each side will get one hour):
https://www.right-of-assembly.org/single-post/2018/09/28/PTAB-Oral-Argument-Details

[Wildbilly]

TRU NIAGEN PRO: Expansive Distribution by Healthcare Practitioners

https://www.nasdaq.com/press-release/new-tru-niagen-pro-launched-for-expansive-distribution-by-healthcare-practitioners-20180920-00236

[Milarepa]

Response to Elysium's Press Release Denying Infringement
https://www.right-of-assembly.org/single-post/2018/09/19/Elysium-Health-in-the-Age-of-Trump-The-Big-Lie

[Milarepa]

Litigation Update:
Elysium Sued for Patent Infringement
https://www.right-of-assembly.org/single-post/2018/09/18/Elysium-Sued-for-Patent-Infringement

[XenaLives]

Chromadex and Phillip Frost:

https://www.sec.gov/Archives/edgar/data/898860/000114420417065799/0001144204-17-065799-index.htm

Frost named in SEC lawsuit:



New lawsuit filed involving P&D by significant institutions.

SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,

-- against --

BARRY C. HONIG, JOHN STETSON,
MICHAEL BRAUSER, JOHN R. O'ROURKE III,
MARK GROUSSMAN, PHILLIP FROST,
ROBERT LADD, ELLIOT MAZA, BRIAN KELLER,
JOHN H. FORD, ALPHA CAPITAL ANSTALT, ATG
CAPITAL LLC, FROST GAMMA INVESTMENTS
TRUST, GRQ CONSULTANTS, INC.,
HS CONTRARIAN INVESTMENTS, LLC,
GRANDER HOLDINGS, INC., MELECHDAVID,
INC., OPKO HEALTH, INC.,
SOUTHERN BIOTECH, INC., and
STETSON CAPITAL INVESTMENTS INC.,

https://www.courtlistener.com/recap/gov.uscourts.nysd.500558/gov.uscourts.nysd.500558.1.0.pdf

Discussion here:
https://investorshub.advfn.com/SCAMS-R-US-25227/

[Milarepa]

Minor Litigation Update: Claim 2 Will Be Review...Plus a closer look at the Active Agent controversy:
https://www.right-of-assembly.org/single-post/2018/09/06/Claim-2-of-the-087-Patent-Subject-to-IPR

[Milarepa]

If the scientific advisory board is just a marketing scheme, then they would come in once or twice a year for hors d'oeuvres, learn a little about all kinds of speculative things the company might be imagining aboutp, maybe fill out a questionnaire about important things for the company to consider -- like megatrends in science -- and then call it a day. They wouldn't know anything about the litigation...or maybe even about the company. I have done presentations for advisory boards at companies at which the goal was to tell them as little as possible, heap praise on them extensively, and wait for them to leave.

[Wildbilly]

Not following much of the minutiae from the court, but have any of the covey of Nobel ornamental busts

actually been quoted/testified or participated in the trial in any way? I wonder if they are even closely following? lol

It has got to be something like your scenario or the lawyers have gone awol in the Hamptons leaving Guarente without a handler.

Just when we thought things were progressing in a pedantic manner, we could be in for a show with more eyes on the case.

[Milarepa]

It's pretty audacious. Later, we'll figure out why this made sense to them. Right now I can't tell if they are stupid or crazy or corrupt or just out of control, or what.

[Wildbilly]

I was gob smacked considering the legal status and had to reread it to make sure I was seeing it correctly.

I'll be curious to see if these statements make their way into the court case somehow.

[Milarepa]

This seems like an extremely deceptive statement from Elysium. It is rife with suspicious ambiguity, since it purports to license a "pending patent" that they do not identify.

But I think worse than that, the headline describes an exclusive license of NR for anti-aging, which is not a right that the PTO is capable of granting, since Dartmouth already has a previous and superior right to use NR in an anti-aging formula. Dartmouth has a patent number that anyone can see and read -- 8,197,807 -- which means that Harvard and Mayo are excluded from licensing NR for anti-aging.

Here is the patent application that is probably referred to in the press release, which has the same inventors as mentioned in the press release:

https://patents.google.com/patent/WO2013002879A1

What's really going on, I think, is that Harvard and Mayo are hoping to patent the use of a CD-38 inhibitor to enhance the effects of NR. That would be a special formulation of NR PLUS an enhancer. The NR would still have to be licensed from Dartmouth, but Elysium could, if they were able to legally sell NR, have exclusive access to the enhancer, were this patent ever granted. That patent may or may not be granted, and that method of using CD38 to improve the effectiveness of NR replenishment may or may not be safe or effective.

But if that is the patent they are talking about, then it is extremely deceptive to characterize that, as Elysium does, as an "Exclusive License for Use of Nicotinamide Riboside for the Slowing of Aging." That's not just false, it's blatantly and obviously false in a way that strongly suggests wrongful intent. The fact that they do not specify the patent application that they are excited about strengthens the likelihood of intent to deceive.

So the real question is why, now, is Elysium driven to such measures?

[Wildbilly]

I received this email from Elysium,

disclosure: I'm a Chromadex NR subscriber.

Elysium Health™ Announces Exclusive License for Use of Nicotinamide Riboside for the Slowing of Aging and Prevention of Age-Related Diseases from Mayo Clinic and Harvard

https://www.elysiumhealth.com/en-us/knowledge/press/elysium-health-announces-exclusive-license-for-use-of-nicotinamide-riboside-for-the-slowing-of-aging-and-prevention-of-age-related-diseases-from-mayo-clinic-and-harvard?utm_source=email-batch&utm_medium=newsletter&utm_campaign=august-newsletter

[Milarepa]

Elysium Health's Unhealthy Business
A tale of scientific theft and intrigue
https://www.right-of-assembly.org/single-post/2018/08/24/Elysium-Healths-Unhealthy-Business

[Milarepa]

Litigation Update: Elysium's PTAB Reply Brief
Elysium's Reply to ChromaDex's Final Response on the '086 Patent Challenge:
https://www.right-of-assembly.org/single-post/2018/08/23/Elysiums-PTAB-Reply-and-Zhou-Deposition-Transcript

[Milarepa]

Ultimate Guide to NAD Precursors
A lot of people think that nicotinamide and niacinamide are just cheap generic versions of Niagen. Actually, they are completely different:
https://www.right-of-assembly.org/nad-precursors

[Milarepa]

Minor Litigation FYI: Mediator Assigned in California Litigation
https://www.right-of-assembly.org/

[Milarepa]

Elysium's Goose Is Cooked
This is a deeper look at ChromaDex's 4th Amended Complaint, including some of the items that I suspect Rob Fried was referring to on yesterday's earnings call when he referenced "very disturbing evidence that we uncovered during discovery."
https://www.right-of-assembly.org/single-post/2018/07/10/Elysiums-Goose-Is-Cooked

[jfk]

Hah, looks like I was off by one day and a couple hundred miles...New Zealand, and THEN Australia. OCEANIA.... This is good.This is very good. As they are not totally dependent on Watsons. Hopefully they learn how to market through some of their new partners. They still need to prove they can market and sell TruNiagen. They have not passed that bar yet, but hope spring eternal. This is VERY GOOD NEWS, perhaps the best since pre-trial days.

[jfk]

Watsons Market Expansion... I like Turkey for simple reason that international market expansion is moving to the West. From Asia, to Asia Minor, and next to Europe/Australia I would imagine. I would be shocked if we are not in some of the EU markets, (Watsons and/or internet sales) or Nordics/England/Switzerland sometime in 2H 2019. Turkey inventory load could happen at end of Q4 (?) to fatten the 2018 year-end numbers... Turkey could dwarf Macao, Hong Kong and Singapore numbers.

[frrol]

Excellent piece, clearly written and argued, and suspect your analysis is correct.

[Milarepa]

Will the Litigation Ever End? Here's My Answer:
https://www.right-of-assembly.org/single-post/2018/08/05/Will-the-Elysium-ChromaDex-Litigation-Ever-End

[rbatr]

Thank you. Great summary!

[Milarepa]

Judge Carney's order granting in part and denying in part Elysium's Motion to Dismiss the FAC:
https://www.right-of-assembly.org/single-post/2018/07/27/ChromaDex-Trade-Secret-Claims-To-Proceed

[Southern Gal]

Any connection between Niagen and Biogen?

Biogen is in the news

https://www.vox.com/2018/7/25/17607376/dementia-alzheimers-drug-trial-biogen-eisai

[Milarepa]

Elysium's Reply in support of Motion to Dismiss the FAC
https://www.right-of-assembly.org/single-post/2018/07/24/Elysiums-Reply-in-Support-of-Dismissing-CDXCs-FAC

[Milarepa]

ChromaDex Opposes Elysium's Motion to Dismiss the FAC:
https://www.right-of-assembly.org/single-post/2018/07/17/ChromaDex-Opposes-Elysiums-Motion-to-Dismiss-the-FAC

[Wildbilly]

Failed at the 1st test of the 200

[Milarepa]

Elysium Moves to Dismiss ChromaDex's Fourth Amended Complaint
https://www.right-of-assembly.org/single-post/2018/07/14/Elysium-Moves-to-Dismiss-4th-Amended-Complaint

[Wildbilly]

Hopefully new trend confirmed,

wonder if it's because I re-upped my subscription this morning?

Nice start, wonder what's driving it?


(dbl click to enl)