Sunday, December 24, 2017 7:42:16 PM
But it’s not really necessary for ChromaDex to assert an infringement claim. One of the ChromaDex patents is a formulation, and this formulation of Mystery Basis is known, so ChromaDex is free to bring an infringement claim if it thinks Elysium is infringing. Depending on what the other patents say, more information might lead to more infringement claims.
But I think the greater peril to Elysium would be if Discovery reveals that they already were planning for Mystery NR before they placed their big order. If that were true, then it would undercut the story that Elysium sought Mystery NR because ChromaDex cut them off, but instead would support the story that Elysium was planning this all along, which in turn supports ChromaDex’s fraud claims.
The two parties are telling completely different stories about “what happened,” and if the facts tend to show that Elysium is inaccurately describing what went on, their litigation position is going to be very significantly weakened.
However that turns out, Elysium probably won’t be able to avoid Discovery of Mystery NR simply by dropping the Patent Misuse claim, though, because ChromaDex offered five different justifications for needing to know about the alternate sourcing of Mystery NR. One was enough, so the Magistrate Judge only ruled on the one. But if that Patent Misuse claim were some other way made irrelevant (e.g., by Elysium dropping the claim or by Judge Carney reversing the Magistrate Judge), then Elysium would still need to defeat all four remaining arguments for discovery, none of which relied on the Patent Misuse claim. Elysium’s chances of that are not great.
Recent CDXC News
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- 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
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- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 08/21/2024 10:15:05 AM
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- 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
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- Form 3 - Initial statement of beneficial ownership of securities • Edgar (US Regulatory) • 07/26/2024 08:52:56 PM
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- 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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