PTAB Oral Argument Details
The Patent Trial and Appeal Board has posted some details regarding Tuesday's oral argument in the Elysium-Chromadex/Dartmouth Inter Partes Review. You can read the PTAB's order here:
The order says that both sides get one hour total, and each side can reserve some time to respond to the other's comments.
The oral argument will be held on October 2, 2018, on the 9th Floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
According to the PTAB's Public Hearing Schedule, the oral arguments for our hearing will be held in Hearing Room A.
Hearing Room A is the largest of the four hearing rooms, and has 55 publicly available spaces. In case you want to attend -- I'd love to go but won't be near DC next Tuesday -- the hearing will be open to the public for in-person attendance that will be accommodated on a first-come, first-served basis. Here is some additional guidance from the PTAB:
Members of the public should plan to arrive thirty minutes before the scheduled start of the hearing session. Upon arrival, visitors will come to the lobby level, Madison East Guard Desk to request a hearing badge for the specific hearing room, e.g., A, B, C, or D. Visitors will be screened and required to surrender a picture ID in exchange for a hearing badge.The Guard Desk will only issue a given number of hearing badges for each hearing room on a first come, first served basis. No advance requests for attendance by the public will be permitted.
I own shares of ChromaDex (NASDAQ:CDXC), and I am a former customer of Elysium Health. I have no official relationship with either company.
I am an attorney, so I have been tracking this litigation, analyzing events, and gathering the litigation documents, mostly as a service to shareholders, journalists, and industry observers who are interested in the dispute.
Anyone who believes that ChromaDex might own patents on a Fountain of Youth could be forgiven for wondering whether they should consider buying a piece of the company. It is an unusual opportunity, since most tiny companies with such big dreams are privately held; normal people can't buy shares.
ChromaDex probably wishes that it WERE privately held, because by becoming a public company it exposed itself to a number of significant risks, such as hostile takeovers and short attacks, which have in fact left the company embroiled in costly litigation.
Whether ChromaDex eventually succeeds or fails as a company is not a sure thing, and depends on many factors, such as the outcomes of the various legal actions, the quality of ChromaDex's intellectual property, their ability to defend against pirates, how the science evolves with NR, and whether comparable or better alternative methods of elevating NAD emerge. So I don't particularly recommend that anybody enter the high-risk world of microcap nutraceuticals.
But regardless of whether being a ChromaDex shareholder is a good thing, I feel pretty certain that being a ChromaDex customer is a good thing.
ChromaDex isn't allowed to say that NR treats any disease, because the FDA has not approved that. But the FDA does not regulate me, so I am free to tell you that the scientific evidence is growing that NR supplements replenish cellular NAD, which can protect against MANY ailments, including Alzheimers, Heart Disease, Parkinson's Disease, Breast Cancer, alcohol-induced liver poisoning, chemotherapy-induced peripheral neuropathy, organ injury from sepsis -- and in my own experience, Restless Legs Syndrome (RLS). You can find out more here: AboutNAD.com.