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Re: Edvard post# 2738

Saturday, 01/20/2018 8:56:50 PM

Saturday, January 20, 2018 8:56:50 PM

Post# of 3057
I think it's more likely a coincidence. The supplemental petition made three additional requests:

1. Please say that drugs standards don't apply to supplements
2. Please say that NR is not reasonably safe if the process that was declared reasonably safe is not the one that was used to make the NR, and
3. Please say that you will prioritize enforcement against bad players when a good player is also in the market.

All three of these requests seem directly responsive to the arguments Elysium raised in its Public Comment and/or in its SDNY briefs.

So I think that the supplement is responsive to Elysium's litigation positions, and the timing is just that they were maybe waiting until after the mediation session to proceed with the supplemental petition.

I have no idea what Elysium might have disclosed in discovery, but maybe it was stuff like when Elysium started looking for Mystery NR, when Mystery NR became available, where it comes from, the supplier's capacity, or any important differences between the supplier's facility and an abandoned meth lab. None of those things, though, would seem to go to the points raised in the supplemental petition.
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