Shelly Albaum
Mar 22, 2019
Elysium has told Judge McMahon that they do not object to ChromaDex's motion to file a First Amended Complaint. You can read Elysium's filing here:
That doesn't mean Elysium doesn't object to the amended complaint itself; they simply aren't going to challenge ChromaDex's right to file it.
Instead, Elysium will likely move to dismiss the complaint as amended.
We should expect an order from Judge McMahon accepting the ChromaDex's FAC as operative, followed by a motion to dismiss from Elysium, and maybe a motion to strike certain parts of the complaint as irrelevant. Time will tell.
This is slightly good news, because it saves us the time of enduring one extra round of briefing before getting to the inevitable motion to dismiss.
If it was previously Elysium's strategy to delay at any chance, this move suggests that that is no longer their strategy.