Miscellaneous Litigation Updates in CA, NJ, and NY
Judge Carney in California granted the parties' request for a three-month delay to engage in additional discovery, so the new trial date is July 9, 2019. Presumably this means that ChromaDex's 5th Amended Complaint is now operative, but the Scheduling Order doesn't say that, and I haven't seen a separate order granting ChromaDex's motion to file the FAC.
Judge Connolly in Delaware agreed to postpone the scheduling conference pending consideration of the parties argument on Elysium's motion to stay the patent infringement proceeding until the PTAB and California actions have been resolved.
Judge McMahon in New York granted ChromaDex's request to submit 300+ pages of additional evidence relating to the alleged presence of toluene in its products.
You can read the decisions below, or on our ChromaDex-Elysium Litigation Documents page.
California: 3rd Amended Scheduling Order
Delaware: Order Postponing Scheduling Conference:
There remains quite a bit of pending activity.
We await the PTAB's ruling in the Inter Partes Review of the '086 Patent, which should arrive by January 18, 2019.
We await Judge McMahon's ruling on ChromaDex's motion for summary judgment on all of Elysium's original claims in New York (based on First Amendment preemption).
We await Magistrate Judge McCormick's ruling on ChromaDex's second motion to compel production of documents.
We await ChromaDex's opposition brief in Delaware with respect to Elysium's motion to stay the proceedings.
AND...We might see a motion to dismiss Elysium's new counterclaims in New York.