top of page

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 an affiliate marketer. 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.

  • 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.

130 views0 comments

Recent Posts

See All
bottom of page