`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`
`CHROMADEX, INC. and TRUSTEES OF
`DARTMOUTH COLLEGE,
`
`Case No. 1:21-cv-04241-ER
`
`Plaintiffs,
`
`v.
`
`THORNE RESEARCH, INC.,
`
`Defendant.
`
`STIPULATION AND ORDER TO STAY
`
`This stipulation is made by and between Plaintiffs ChromaDex, Inc. (“ChromaDex”) and
`
`Trustees of Dartmouth College (“Dartmouth”) (collectively, “Plaintiffs”) and Defendant Thorne
`
`Research, Inc. (“Thorne”) (all collectively, “the Parties”).
`
`WHEREAS Plaintiffs filed a Complaint on May 12, 2021, against Thorne alleging
`
`infringement of U.S. Patent No. 8,197,807 (“the ’807 patent”) and U.S. Patent No. 8,383,086
`
`(“the ’086 patent”);
`
`WHEREAS Thorne filed inter partes review (“IPR”) petitions challenging all asserted
`
`claims of both patents-in-suit;
`
`WHEREAS, on June 10, 2021, the Patent Trial and Appeal Board (“PTAB”) instituted
`
`Thorne’s requested IPR of the ’086 patent; and
`
`WHEREAS on August 12, 2021, the PTAB instituted Thorne’s requested IPR of the ’807
`
`patent.
`
`Plaintiff and Defendant by and through their respective undersigned counsel, and subject
`
`to the approval of the Court, stipulate and agree as follows:
`
`
`
`Case 1:21-cv-04241-ER Document 26 Filed 08/20/21 Page 2 of 3
`
`1.
`
`This action, including all deadlines, is stayed pending the issuance of final written
`
`decisions in, or other resolution or termination of, the IPR proceedings involving the ’807 patent
`
`and the ’086 patent; and
`
`2.
`
`Within fourteen (14) days of the PTAB issuing the final written decisions in, or
`
`other resolution or termination of, the IPR proceedings involving the ’807 patent or the ’086
`
`patent, whichever occurs later, the Parties will submit a joint status report to the Court setting
`
`forth the results of both IPR proceedings and the Parties’ proposal for how the litigation should
`
`proceed.
`
`2
`
`
`
`Case 1:21-cv-04241-ER Document 26 Filed 08/20/21 Page 3 of 3
`
`Dated: August 19, 2021
`
`Respectfully submitted,
`
`COVINGTON & BURLING LLP
`
`WILSON SONSINI GOODRICH & ROSATI
`Professional Corporation
`
`s/ Jennifer D. Cieluch
`Jennifer D. Cieluch
`The New York Times Building
`620 Eighth Avenue
`New York, New York 10018
`Telephone: (212) 841-1000
`Email: jcieluch@cov.com
`
`Christopher N. Sipes
`R. Jason Fowler
`One City Center
`850 Tenth Street, NW
`Washington, D.C. 20001
`Telephone: (202) 662-6000
`Email: csipes@cov.com
`Email: jfowler@cov.com
`
`Yale Fu
`3000 El Camino Real
`5 Palo Alto Square, 10th Floor
`Palo Alto, California 94306
`Telephone: (650) 632-4700
`Email: yfu@cov.com
`
`s/ Kristina M. Hanson
`Michael S. Sommer
`1301 Avenue of the Americas, 40th Floor
`New York, New York 10019
`Telephone: (212) 999-5800
`Facsimile: (212) 999-5899
`Email: msommer@wsgr.com
`
`T.O. Kong (pro hac vice forthcoming)
`Wendy L. Devine (pro hac vice forthcoming)
`Kristina M. Hanson
`One Market Plaza, Spear Tower, Suite 3300
`San Francisco, California 94105
`Telephone: (415) 947-2000
`Facsimile: (415) 947-2099
`Email: tkong@wsgr.com
`Email: wdevine@wsgr.com
`Email: thanson@wsgr.com
`
`Counsel for Plaintiffs ChromaDex, Inc.
`and Trustees of Dartmouth College
`
`Counsel for Defendant Thorne Research, Inc.
`
`SO ORDERED this ________ day of ______________________________, 2021.
`
`_____________________________________
`HONORABLE EDGARDO RAMOS
`UNITED STATES DISTRICT JUDGE
`
`3
`
`20th
`
`August
`
`
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