|SAS Supreme Court decision regarding challenged claims in an IPR has no effect on U.S. Patent 8,197,807
IRVINE, Calif., May 01, 2018 (GLOBE NEWSWIRE) -- ChromaDex Corp. (NASDAQ:CDXC), an integrated, science-based, nutraceutical company devoted to improving the way people age, announced today that the Patent Trial and Appeal Board (PTAB) has published a Guidance as to how it will apply last week’s Supreme Court of the United States decision (SAS Institute Inc. v Iancu) to trials in pending IPRs.
The PTAB will now institute trial on all challenged claims in an IPR as long as Petitioner has met its initial “reasonable likelihood of success” burden as to least one of those claims. This has no effect on the PTAB’s decision not to institute trial on any of the claims of U.S. Patent 8,197,807.
The PTAB’s implementation of the Supreme Court’s mandate does affect claim 2 of U.S. Patent No. 8,383,086 ("the '086 patent") despite the fact that the PTAB previously determined that Elysium had not met its ”reasonable likelihood of success” burden in the context of that claim, trial in the IPR will now address it together with the claims on which Elysium did meet its initial burden. This is procedural, not substantive. The PTAB has not changed its previous decision that Elysium had failed to meet its initial burden as to Claim 2. ChromaDex remains confident that it will prevail after trial in the IPR as to all claims of the '086 patent, including claim 2.
ChromaDex holds a robust global patent portfolio of 20 patents covering the production and distribution of NIAGEN® nicotinamide riboside.
ChromaDex Corp. is an integrated, global 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.
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 Exchange Act of 1934, as amended, including statements related to the new PTAB ruling and the confidence in all claims supporting the ‘086 patent. 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 30, 2017, 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. ChromaDex provided research materials and a portion of the grant funding as a collaborator for the study.
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