Dartmouth and ChromaDex asserted that Elysium’s dietary supplement, “Basis,” infringed on both the ‘807 and ‘086 patents, which ChromaDex held an exclusive license for as they competed with their supplement, “Niagen NR.”
ChromaDex argued that their patented compositions of nicotinamide riboside (NR), a vitamin B3 derivative, differed significantly from the naturally occurring form. They claimed their isolated form was more stable, bioavailable, and purer. However, U.S. Chief District Judge Colm Connolly ruled against their argument.
In September 2021, Judge Connolly invalidated both patents, asserting that they were directed to a naturally occurring form of vitamin B3 found in cow’s milk. Dartmouth and ChromaDex subsequently appealed this ruling at the Federal Circuit in November.
As the legal battle unfolded, the appellants decided to voluntarily withdraw the appeal regarding the ‘086 patent, leaving only the ‘807 patent under review by a judicial panel.
Radio Silence from Parties Involved
In the wake of this stunning Supreme Court decision, neither the legal counsel for the parties nor the involved stakeholders have issued immediate comments or reactions.
