Pterostilbene.jpg

ABOUT RIGHT OF ASSEMBLY

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

DISCLOSURE

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. 

Cookies

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

Search
  • Shelly Albaum

Elysium Directed to Amend Complaint


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:

Denial Without Prejudice

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.

#ElysiumHealth #Litigation #ChromaDex

128 views