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  • Writer's pictureShelly Albaum

PTAB Won't Move the Date

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:

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.

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