Elysium Health, Inc. Loses Appeal of Patent Challenge Decision, Upholding Validity of ChromaDex Intellectual Property

April 14, 2020 10:32 UTC

ChromaDex Issues Update on Prosecutions Against Elysium Health

LOS ANGELES--(BUSINESS WIRE)-- ChromaDex Corp. (NASDAQ:CDXC) issued the following statement:

Given recently announced court closures and other restrictions due to the COVID-19 pandemic, the company would like to take this opportunity to provide an update on the ongoing litigation with Elysium Health.

In March, the Court of Appeals for the Federal Circuit (“Federal Circuit”) rejected Elysium’s challenge to the validity of U.S. Patent No. 8,383,086 (“the ’086 patent”), upholding the decision of the U.S. Patent & Trademark Office’s Patent Trial and Appeal Board (“PTAB”). The company’s patent rights on isolated nicotinamide riboside (NR) are held by the Trustees of Dartmouth College, are licensed exclusively to ChromaDex, and are commercially embodied in ChromaDex’s Tru Niagen product. This decision is important because it prevents Elysium from raising any patent invalidity arguments in the district court with respect to the ’086 Patent that Elysium raised or reasonably could have raised before the PTAB.

The Delaware case, regarding this patent infringement by Elysium, has been scheduled for trial on September 27, 2021, with a Markman Hearing scheduled for December 17, 2020.

The trial in the California case that was scheduled for May 12, 2020, regarding Elysium’s breach of contract, misappropriation of trade secrets and breach of fiduciary duty, has been vacated. The parties will be further conferring with the court on May 4, 2020.

The ongoing discovery in the New York case, regarding misleading and deceptive advertising practices, has been extended by four months.

“If you want to be in the business of nicotinamide riboside, there is only one provider of patented, consistently safe and regulatory approved product—and that is ChromaDex,” says ChromaDex CEO Rob Fried.

ChromaDex is committed to supporting and defending its intellectual property and looks forward to its day in court.

About ChromaDex:

ChromaDex Corp. is a science-based integrated nutraceutical company devoted to improving the way people age. ChromaDex scientists partner with leading universities and research institutions worldwide to uncover the full potential of NAD and identify and develop novel, science-based ingredients. Its flagship ingredient, NIAGEN® nicotinamide riboside, sold directly to consumers as TRU NIAGEN®, is backed with clinical and scientific research, as well as extensive IP protection. TRU NIAGEN® is helping the world AGE BETTER®. ChromaDex maintains a website at www.chromadex.com to which ChromaDex regularly posts copies of its press releases as well as additional and financial information about the Company.

Forward-Looking Statements:

This release contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities and Exchange Act of 1934, as amended. Statements that are not a description of historical facts constitute forward-looking statements and may often, but not always, be identified by the use of such words as "expects", "anticipates", "intends", "estimates", "plans", "potential", "possible", "probable", "believes", "seeks", "may", "will", "should", "could" or the negative of such terms or other similar expressions. More detailed information about ChromaDex and the risk factors that may affect the realization of forward-looking statements is set forth in ChromaDex's Annual Report on Form 10-K for the fiscal year ended December 31, 2019, ChromaDex's Quarterly Reports on Form 10-Q and other filings submitted by ChromaDex to the SEC, copies of which may be obtained from the SEC's website at www.sec.gov. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date hereof, and actual results may differ materially from those suggested by these forward-looking statements. All forward-looking statements are qualified in their entirety by this cautionary statement and ChromaDex undertakes no obligation to revise or update this release to reflect events or circumstances after the date hereof.

View source version on businesswire.com: https://www.businesswire.com/news/home/20200414005296/en/

Contacts

ChromaDex Media Contact:
Alex Worsham, Senior Director of Global Corporate Communications
310-388-6706 ext. 689
alexw@chromadex.com

ChromaDex Investor Relations Contact:
Brianna Gerber, Vice President of FP&A and Investor Relations
949-419-0288 ext. 127
briannag@chromadex.com

Source: ChromaDex Corp.

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