Shelly Albaum
May 23, 2018
The Patent and Trademark Appeals Board (PTAB) has issued an order (1) allowing Elysium to respond to Dartmouth/ChromaDex's challenge to re-opening consideration of Claim 2 of the '086 patent, and (2) allowing ChromaDex to reply to Elysium's response. HOWEVER...
The PTAB will not change the due date for ChromaDex's primary response to Elysium's petition as a whole.
The anomalous result is that ChromaDex must first defend Claim 2 BEFORE the PTAB determines whether ChromaDex was in fact required defend Claim 2.
You can read the order here:
PTAB's May 22 Order on the Conduct of the Proceeding
The new dates are as follows:
May 11: ChromaDex's Motion for Rehearing was filed
May 29: Elysium's Opposition is due (15 page maximum)
June 4: ChromaDex's Reply-to-Opposition AND Response to Petition are BOTH due
You will recall the dissent in SAS worried that the majority opinion was just a recipe to waste time and resources. The dissent was right.