In Major Victory Federal Judge Denies J&J Motion to Dismiss, Rules DECN May Allege the Critical "Doctrine of Equivalents" in Nevada Federal Court
LOS ANGELES, CA / ACCESSWIRE / March 21, 2017 / Decision Diagnostics Corp. (OTC PINK: DECN), the manufacturer, quality plan administrator, and the exclusive worldwide sales, service, and regulatory processes agent for GenStrip™ 50 and the GenUltimate!™ glucose test strips, both designed to work with the market leading Johnson & Johnson's ("J&J") LifeScan OneTouch Ultra family of glucose testing meters, and the in-development GenSure!™ and GenChoice!™ glucose test strips targeted to the U.S. and/or developing world markets, today announces the recent legal victory in its prosecution campaign against J&J/Lifescan for its flagrant violation of the company's US patents 6,153,069 and 6,413, 411.
Decision IT Corp. and PharmaTech Solutions, Inc., subsidiaries of Decision Diagnostics Corp., filed a lawsuit on March 14, 2016 in the United States District Court, District of Nevada, in Las Vegas, NV. The DECN companies named Johnson & Johnson and its divisions, Lifescan, Inc. and Lifescan Scotland Ltd., as having willfully infringed against two separate patents owned and/or practiced by the company's subsidiaries. Predictably, J&J denied the allegations and filed a Motion to Dismiss the companies' charges with the Federal Court. J&J claimed that the complaint should be dismissed because PharmaTech did not provide a "plausible" basis for the allegations of infringement. The Judge was not persuaded by their arguments and denied, without prejudice, the Motion to Dismiss from the bench during a hearing on March 13, 2017. The Federal Judge also identified a series of milestone dates that will optimally lead to a more rapid process and outcome.
Keith Berman, Principal Executive of Decision Diagnostics, stated, "Another hearing, another time the J&J Goliath loses. Our string of consecutive litigation victories against arguably the most powerful healthcare company on the planet now extends back for years and includes the recent ruling by the Supreme Court of the United States. Allegorically, DECN's PharmaTech Solutions subsidiary has become the Harlem Globetrotters to J&Js Washington Generals. Five years ago, it would have been inconceivable for J&J to be reasonably compared to the most renowned loser throughout history. "
The court ruled that PharmaTech would be permitted to file an amended complaint in which it could provide further detail concerning its claim for infringement under the Doctrine of Equivalents. The court further instructed the parties to engage in limited discovery directed to the infringement issues and set a schedule for completion of fact and expert discovery, at the end of which the parties could file Motions for Summary Judgment.
Mr. Berman continued, "Our shareholders have derived personal satisfaction from repeatedly defeating the company, which has overtly and illicitly subverted our legitimate efforts to present a superior and inexpensive blood glucose test strip alternative to the suffering diabetic patient population. That personal satisfaction will, however, be transformed into financial appreciation. J&J was eviscerated in their prior attempts and their losing streak now continues with our legal pursuit of justice for their violation of our patent integrity with the clear infringement of the Decision Diagnostic subsidiary owned US patents 6,153,069 and 6,413, 411."
The honorable Richard F. Boulware's ruling in the Nevada Federal District Court was structured exactly as the company had hoped, but significantly more than had been reasonably expected. This result creates the desired landscape whereby the company patent attorneys and scientific experts can disseminate the indisputable arguments to extend its court victories and contribute the financial compensation that this overt violation of PharmaTech's patent integrity warrants.
This release contains the Company's forward-looking statements which are based on management's current expectations and assumptions as of March 20, 2017, regarding the Company's business and performance, its prospects, current factors, the economy, and other future conditions and forecasts of future events, circumstances, and results.
Decision Diagnostics Corp.
SOURCE: Decision Diagnostics Corp.