Shelly Albaum
Sep 27, 2017
We have a brief delay in the resolution of ChromaDex's Motion to Dismiss the Patent Misuse Claim. You can read the judge's minute order here:
Judge Carney told Elysium, it looks like they solved your problem, so if you think you still have some problem, you should amend your complaint to clarify what it is. We'll wait.
I would much prefer that His Honor had thrown something hard at Elysium and told them to stop wasting our time, noting that it was legally impossible for a patent misuse affirmative defense to survive the expurgation of the conditions that caused it.
But we will give Judge Carney the benefit of the doubt, wait to see Elysium's amended complaint, and then decide.
I would note that Judge Carney offered ChromaDex the chance to amend their complaint and re-plead their trade secret claim, and ChromaDex declined to do so on the ground the life is too short for such BS.
I highly doubt that Elysium will decline His Honor's invitation however.