Discovery Conference and Oral Argument in Delaware
Six months ago, on November 13, 2018, Judge Colm Connolly of the federal district court in Delaware entered an oral order postponing the discovery conference that had been scheduled for November 19, because Elysium had moved to stay the proceeding.
After that order, the parties briefed the stay motion, and later notified the Court that Elysium had failed to invalidate either of ChromaDex's patents before the PTAB, but the Court said not a word -- at least in the public record.
But today, 188 days later, Judge Connolly has rescheduled the postponed discovery conference and scheduled oral argument on Elysium's stay motion, both for June 18, 2019 at 2pm in Wilmington.
You can read the order here:
Because the parties are directed to reach agreement about a discovery plan, and, indeed, are directed to file a proposed scheduling order by June 16, it is a fair guess that Judge Connolly is leaning against granting the stay.
Denying the stay would be proper, for the reasons I outlined here, last November.
However, even if Judge Connolly does deny Elysium's motion, Elysium still won at least seven months of stalling. And even if Judge Connolly rules against Elysium on every issue and finally puts an end to Elysium's patent infringement with a treble damages award, Elysium will always have those seven months.