The Court of Appeals for the Federal Circuit took just hours, not days, to reject Elysium's arguments, without comment. You can read the Court's non-opinion here:
The PTAB's decision is summarily affirmed. On the docket, the Court wrote: "Terminated on the merits after oral argument. COSTS: Costs taxed against Appellant(s)."
During the brief oral argument on Thursday, the Court expressed extreme doubt about Elysium's position in the first minute, and by the end were making jokes, and asking ChromaDex to tell them the best way to affirm the validity of the patent.
So we aren't surprised or shocked at the outcome, although the speed at which the Court worked is very surprising, and is no doubt reserved for the worst and most laughably ridiculous kinds of appeals.
The Circuit Judges had clearly read through the briefs, and apparently decided not to waste any more time on the matter.
Perhaps more shocking, though, if you recall, is all the arguments that Elysium made to Judge Colm Connolly in Delaware that he should delay the patent infringement action because Elysium's appeal could succeed and change everything. Instead, that appeal got crumpled up and thrown in the trash can.
To his credit, Judge Connolly disregarded Elysium's argument and re-started the Patent Infringement case last month.
To those watching closely, today's outcome further discredits the kind of legal argument that Elysium is willing to make, and I think it bodes well for the outcome in the Patent Infringement cases.
Elysium no doubt will be telling us they have a lot more invalidity and infringement arguments to make. We'll see if those arguments fare any better than did Elysium's arguments before the Court of Appeals for the Federal Circuit.