LE Resveratrol.jpg

October 15, 2019

For those frustrated by the judge in California delaying our trial, it may be a small consolation that the same thing is unlikely to happen in New York.

Last week Elysium notified the Court that the California trial had been delayed (as the parties were required to do), and Judge McMahon responded,

"Thanks for the update. I pushed back dates by six months in August. I will not grant ANY further extensio...

October 13, 2019

EXTRA DISCLAIMER: Just a reminder that although I am a ChromaDex shareholder, I am a lawyer, not an investment advisor, and I am NOT recommending that anyone buy or sell the stock. My object here is simply to decode and to demystify the legal proceedings -- especially what's been going on in California in recent weeks -- so investors can make their own decisions, hopefully with a better sense of the l...

October 11, 2019

I mentioned in passing on Wednesday that I thought Judge Carney had gotten the briefing schedule backwards.  I said,

It's not clear to me why Elysium goes first, given that the majority of Judge Carney's questions were posed to ChromaDex, not Elysium....I guess that's why I'm not a federal judge.

ChromaDex noticed the same thing, and late yesterday filed an ex parte objection pointing out that, consiste...

October 10, 2019

Elysium yesterday filed its Reply brief in its appeal from the PTAB's decision that did not invalidate Claim 2 of the '086 patent.  You can read the brief here:

Elysium's Reply Brief Before the CAFC

We covered Elysium's opening brief here, and ChromaDex's Response here.

I'll have to confess to a bit of Claim Fatigue -- we have been debating the meaning of "isolated" in the '086 patent for two years now....

October 10, 2019

Judge Carney today postponed the trial in California and ordered supplemental briefing from the parties on a number of issues. His Honor also took the evidentiary motions off calendar until after resolution of the summary judgment motions.

The new briefing schedule is as follows:

OCT 30 -- Elysium's Opening Supplemental Brief due 

NOV 18 -- ChromaDex's Opposition Brief due

NOV 27 -- Elysium's Reply Brief...

October 6, 2019

We have so far reviewed a huge volume of evidence individually, and tried to make sense out of what was going on in the ChromaDex-Elysium litigation.

But we are hampered by two things. First, we only have brief snippets for most of the evidence, not the full view. Second, we are tending to look at the evidence in isolation, rather than viewing related pieces together to understand them better.

At trial,...

September 29, 2019

While we wait for the Court to rule on the parties' cross-motions for summary judgment and exclusion of evidence -- we've been waiting three weeks so far -- I thought we might pass the time by reviewing some of the evidence that is before the Court. So much came in so quickly that some items might have been overlooked, or not gotten the attention that they ought.

Below I have gathered several depositio...

September 12, 2019

Judge Carney this morning on his own motion delayed the California proceedings:

He moved the hearing date on the Summary Judgment motions back a month, from September 16 to October 15.

He moved the pretrial conference back a month, from September 18 to October 17. That's when the evidentiary motions would have been resolved.

He moved the jury trial back a week, from October 17 to October 22.

You can read...

September 12, 2019

The lawyers were up past midnight again submitting their trial plans. You can read them here:

Jury Verdict Forms

Proposed by ChromaDex

Proposed by Elysium

Jury Instructions

ChromaDex's Proposed Jury Instructions

[Elysium's Proposed Jury Instructions aren't yet filed as of this writing]

Joint Witness Lists

ChromaDex's Witness List

Elysium's Witness List

Joint Exhibit List

If you read all this stuff, you'll see th...

September 12, 2019

UPDATED SEP 14: I swapped added proposed point values, allocating 100 points among the various motions.  If ChromaDex's motion is granted in full, all the points go to ChromaDex; if ChromaDex's motion is denied in full, all the points go to Elysium.  Same with Elysium's motions.  For partial grants -- for example, an expert's testimony might be mostly allowed or mostly excluded -- we'll have to decide...

September 6, 2019

Ian Cockburn is Elysium's expert witness on economic damages (e.g., from alleged breach of the exclusivity provision) and Patent Misuse. ChromaDex filed a motion to exclude Dr. Cockburn's testimony, which we covered here. Elysium has since opposed that motion, and ChromaDex has replied to that opposition.  You can read the Opposition and Reply Briefs here:

Elysium's Opposition to Excluding Cockburn Tes...

September 6, 2019

And now we have Elysium's Reply Brief in support of its quest to get summary adjudication in its favor on the MFN claim, and to dispose of ChromaDex's trade secret claims on the ground that damages cannot be proved (as well as to dispose of one contractual source of a confidentiality obligation). Read it here:

Elysium's Summary Judgment Reply Brief

September 6, 2019

So now we have Elysium's Reply Briefs in support of its three evidentiary motions. You can read them here:

Of these, we're almost certainly going to be most interested in the Personal Conduct evidence, but let's look at them each in turn.

If you're just here for t...

September 5, 2019

Now we have ChromaDex's Reply Brief in support of its Motion for Summary Judgment.  You can read the reply brief here:

ChromaDex's Reply ISO MSJ

Exhibit 82

Exhibit 83

Exhibit 84

Exhibit 85

Exhibit 87(Not sure what happened to Exhibit 86)

To recap, here is where ChromaDex moved for Summary Judgment on several claims, and here is where Elysium said in Opposition that Summary Judgment was not warranted. The pur...

September 5, 2019

So now we have ChormaDex's Reply Brief in support of its motion to exclude three types of evidence -- References to Honig at al, References to a "Fraudulent Spreadsheet," and References to Royalty Refunds. You can read the Reply Brief here:

ChromaDex's Rely in Support of its Motion to Exclude Three Things

It's not a long document. 

And it's not particularly important that this bit of potential Elysium m...

Please reload


Right of Assembly is my personal blog. All opinions are my own. You can read more about me here.


I am a ChromaDex shareholder, and a marketing affiliate for Amazon and CJ.com. As a result, I will sometimes mention or recommend products that I endorse. I may earn a small commission from qualifying purchases if you were referred directly from this site and completed a purchase. [Thank you!] You can read more about our advertising, privacy, and data collection policies here


This site uses cookies. Cookies are not required for site functionality. You can read more about how to opt-out of cookies here.