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  • Writer's pictureShelly Albaum

Unexpected Third-Party Subpoena

On April 28 and again on April 29, Elysium served notice of subpoenas on opposing counsel. But all we know is that someone was subpoenaed for some reason -- without knowing who or why, there is nothing to care about.

We aren't getting much information from the Delaware docket -- for example, ChromaDex served its infringement contentions on Elysium on April 20, but all we know from the docket was that it happened. We can't see the actual reasons why ChromaDex accuses Elysium of infringing (although we can guess that easily enough).

But then on April 30, something different happened. ChromaDex noticed three third-party subpoenas, and it named the three parties subpoenaed, and it attached as an exhibit 100+ pages of supporting information. You can read it here:

The peculiar thing isn't the information sought in the subpoenas, which is about what you'd expect -- tell us everything you know about Elysium and surrender all your documents related to Elysium, etc.

The peculiar thing is the identity of the three third parties subpoenaed.

This is the patent infringement action, so you would expect the subpoenas to go to General Catalyst (Elysium's primary funding partner), PCI Synthesis (the first creator of Mystery NR), and AMPAC Fine Chemicals (the second creator of Mystery NR).

Two out of three are what we expected. But PCI Synthesis is omitted from the list. That is probably because ChromaDex already found out everything there is to know from PCI Synthesis during discovery in the California litigation. ChromaDex even deposed PCI Synthesis's CEO (you will recall he was the one who called Elysium COO Dan Alminana a "bullshit artist"). And all that California discovery is available in Delaware, and Elysium apparently has no ongoing relationship with PCI, so it isn't weird that PCI would be omitted.

And look who is there instead: "Standard International Management, LLC, 23 E 4th Street, New York, NY 10003-7023." Check it out:

At first that seems pretty weird, because Standard International Management isn't a chemical manufacturer or venture firm or anything to do with the the health supplement industry. It's a hotel chain.

That's right a hotel chain. That company, at that address, is, according to their website,

Standard International is the company behind The Standard and Bunkhouse hotels with offices in New York, London and Austin. The company has 16 hotel and food + beverage properties open with more to come. Standard International is on the forefront of immersive experience creation at its properties and technology driven innovation in the industry, including its spontaneous booking application, One Night.

But this explains it:

You might remember, but I forgot, that six months ago Elysium announced a partnership to distribute Basis to upscale hotel travelers:

At launch, the partners will introduce a co-branded, travel-sized jar of Elysium Health's cellular health supplement Basis in The Standard U.S. hotel rooms. In addition to in-room travel-sized jars, full size jars of Basis will also be available for purchase in The Standard U.S. hotel shops and vitrines.

So here are the documents and things that ChromaDex has requested of Standard International Management, LLC:

Those requests are very similar to, although not exactly the same, as the requests that ChromaDex made of AMPAC, in Exhibit 2 of the subpoena:

You'll notice that Question 2 for General Limited involves marketing, whereas Question 2 for AMPAC involves manufacturing. It's not shown above, but AMPAC got the same Question 11 as the Hotel did.

The subpoena requests concern the patents, the litigation, revenue, and Elysium's financial assets -- all the things we're eager to find out more about.

But although we have seen the questions asked, it's unlikely we're going to see the answers given, unless they somehow get attached as exhibits to some future summary judgment motion.

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