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KMBJN

07/30/17 9:27 PM

#2603 RE: Milarepa #2589

What do you think about Elysium going after Chromadex's patent licensed from Dartmouth, #8,197,807?

They are claiming that an article in 1928 describing using cows' milk (which containts NR) to treat a form of pellagra in animals (blacktongue) invalidates the patent claim of how to make NR?

More desperation?

https://libpatent.com/ptab/docket/553513/IPR2017-01796/IPR201701796PetitionPatent8197807

Seems like the patent challenge is related to the Elysium countersuit.

http://fishpostgrant.com/inter-partes-review/

"2. Inter partes review is subject to an additional limitation relating to co-pending litigation involving the patent being reviewed. Both post-grant review and inter partes review need to be filed before the third party seeks a declaratory judgment challenging the validity of a claim in the patent. In addition, an inter partes review must be filed within one year of the third party being served with an infringement complaint by the patentee."

https://www.patentprogress.org/2015/05/14/three-crucial-words-in-patent-reform-inter-partes-review-part-1/

http://www.patentprogress.org/2015/05/15/three-crucial-words-in-patent-reform-inter-partes-review-part-2/

Apparently only 25% of patent claims challenged this way are invalidated (but 80% of challenged patents have at least one claim invalidtated).

Isn't the 8,114,626 patent from Dartmouth more useful for NR production than the #807 patent?


Here is a list of relevant patents, on pages 14 and 15 on 10-K:

https://www.sec.gov/Archives/edgar/data/1386570/000165495417002092/cdxc-10k_dec312016.htm

Some discussion of CDXC and patents on SA:

https://seekingalpha.com/article/4090340-chromadex-new-cash-new-strategy-will-success-follow