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IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`
`CHROMADEX, INC. and TRUSTEES
`
`OF DARTMOUTH COLLEGE,
`
`Plaintiffs,
`
`CA. No. 1 8-143 4-CFC
`
`
`
`
`
`
`Defendant.
`
`
`V.
`
`ELYSIUM HEALTH, INC.,
`
`WI CLAIM CONSTRUCTION ORDER
`
`As set forth by the Court at the claim construction hearing held on December
`
`17, 2020, IT IS HEREBY ORDERED that the claim terms below are construed as
`
`follows:
`
`THORNE - EXHIBIT 1031
`
`THORNE - EXHIBIT 1031
`
`

`

`PATENT s / CLAIM s
`
`-
`
`. COURT’S CONSTRUCTION
`
`
`
`
`“nicotinamide
`’807 Patent: Claims 1 and 2 “nicotinamide riboside
`
`
`
`
`or a derivative (e.g., L-
`riboside”
`valine or L-
`’086 Patent: Claim 2
`
`
`
`
`
`
`phenylalanine esters) of
`nicotinamide riboside”
`
`
`
`
`’807 Patent: Claim 1
`
`
`nicotinamide
`that is separated or
`
`
`riboside”
`substantially free from
`
`at least some of the other
`
`components associated
`
`with the source of the
`
`
`
`
`’807 Patent: Claim 2
`“the nicotinamide
`riboside is isolated from
`
` ’086 Patent: Claim 2
`
`
`isolated from a
`
`
`natural or
`
`
`synthetic
`source”
`
`
`
`“isolated
`
`“nicotinamide riboside
`
`“the
`
`nicotinamide
`
`riboside is
`
`nicotinamide riboside”
`
`a natural source or
`
`synthetic source and is
`not chemically
`synthesized”
`
`
`
`“in combination
`
`
`
`with one or
`
`more of
`
`tryptophan,
`nicotinic acid, or
`nicotinamide”
`
`“increases
`
`composition”
`
`
` “increases NAD+
`
`’807 Patent: Claim 1
`NAD+
`
`
`biosynthesis
`upon oral
`administration”
`
`’807 Patent: Claim 1
`
`“both isolated
`
`'
`
`nicotinamide riboside
`
`and one or more of
`
`tryptophan, nicotinic
`acid, or nicotinamide are
`found in the
`
`biosynthesis upon oral
`administration to an
`
`animal relative to the
`
`level of NAD+
`
`biosynthesis if the
`composition were not
`administered to an
`
`animal”
`
`

`

`
`
`* TERM -'
`
`_ PATENT s /CLAIM s
`
`_
`
`'COURT’S CONSTRUCTION
`
`“pharmaceutical
`composition”
`
`’086 Patent: Claim 2
`
`“a composition that can
`be used to improve or
`prolong the health or
`well-being of humans or
`
`other animals”
`
`so ORDERED this Eday of {5an: % , 2020.
`
`
`
`
`The HonorableColm F. (inolly
`United States District Judge
`
`

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