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Elysium Health, Inc. Loses Appeal of Patent Challenge Decision, Upholding Validity of ChromaDex Intellectual Property
ChromaDex Issues Update on Prosecutions Against Elysium Health LOS ANGELES--(BUSINESS WIRE)-- ChromaDex Corp. (NASDAQ:CDXC) issued the following statement:
About this update from Niagen Bioscience, Inc.
[{"type":"text","content":"\nChromaDex Issues Update on Prosecutions Against Elysium Health\n\n LOS ANGELES--(BUSINESS WIRE)--\nChromaDex Corp. (NASDAQ:CDXC) issued the following statement:\n\n\nGiven recently announced court closures and other restrictions due to the COVID-19 pandemic, the company would like to take this opportunity to provide an update on the ongoing litigation with Elysium Health.\n\n\nIn March, the Court of Appeals for the Federal Circuit (“Federal Circuit”) rejected Elysium’s challenge to the validity of U.S. Patent No. 8,383,086 (“the ’086 patent”), upholding the decision of the U.S. Patent & Trademark Office’s Patent Trial and Appeal Board (“PTAB”). The company’s patent rights on isolated nicotinamide riboside (NR) are held by the Trustees of Dartmouth College, are licensed exclusively to ChromaDex, and are commercially embodied in ChromaDex’s Tru Niagen product. This decision is important because it prevents Elysium from raising any patent invalidity arguments in the district court with respect to the ’086 Patent that Elysium raised or reasonably could have raised before the PTAB.\n\n\nThe Delaware case, regarding this patent infringement by Elysium, has been scheduled for trial on September 27, 2021, with a Markman Hearing scheduled for December 17, 2020.\n\n\nThe trial in the California case that was scheduled for May 12, 2020, regarding Elysium’s breach of contract, misappropriation of trade secrets and breach of fiduciary duty, has been vacated. The parties will be further conferring with the court on May 4, 2020.\n\n\nThe ongoing discovery in the New York case, regarding misleading and deceptive advertising practices, has been extended by four months.\n\n\n“If you want to be in the business of nicotinamide riboside, there is only one provider of patented, consistently safe and regulatory approved product—and that is ChromaDex,” says ChromaDex CEO Rob Fried.\n\n\nChromaDex is committed to supporting and defending its intellectual property and looks forward to its day in court.\n\n\nAbout ChromaDex:\n\n\nChromaDex Corp. is a science-based integrated nutraceutical company devoted to improving the way people age. ChromaDex scientists partner with leading universities and research institutions worldwide to uncover the full potential of NAD and identify and develop novel, science-based ingredients. Its flagship ingredient, NIAGEN® ...