Shelly Albaum
Feb 14, 2018
Steptoe has filed on behalf of Dartmouth/ChromaDex evidentiary objections to most of Elysium's exhibits. You can read them here:
Steptoe's Objections to Elysium's Exhibits
These are routine kinds of objections, and I don't express any opinion on the merits of the evidentiary issues.
However, this may be an indication that Steptoe is going to bring to bear maximum force in defending the Dartmouth/ChromaDex patent. It looks like Steptoe will not give an inch.
This will make the IPR trial expensive for Elysium to pursue, which would seem to be especially troubling for Elysium given that Elysium does not appear to have a much to gain from the exercise.
All of the '807 patent and at least one claim of the '086 patent have already survived IPR. As a result, the current version of Basis appears to infringe BOTH the '086 and '807 patents, no matter what happens at IPR (assuming Basis contains at least 25% nicotinamide riboside, and therefore would infringe claims in both patents relating to "isolated" NR).
Because continued prosecution of the IPR offers Elysium a high-cost and a low-reward, one would think that Elysium would be wanting to find some way to end the misery.
Or maybe not.