Judge's March Ruling Denied J&J's Motion To Dismiss, Companies Filed Amended Complaint in April 2017 Arguing Formidable Legal Doctrine
LOS ANGELES, CA / ACCESSWIRE / May 4, 2017 / Decision Diagnostics Corp. (OTC PINK: DECN), the manufacturer, quality plan administrator, and the exclusive worldwide sales, service, and regulatory processes agent for the GenUltimate!™ glucose test strips, designed to work with the market leading Johnson & Johnson's ("J&J") LifeScan OneTouch Ultra family of glucose testing meters, and the pre-market ready GenSure!™ and GenChoice!™ test strips, and the meter and test strip system GenPrecis! to the U.S. and/or developing world markets, today updates shareholders, investors and interested parties on its prosecution campaign against J&J/Lifescan for its unashamed infringement 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 filed a Motion to Dismiss the companies' complaint, and on March 15, 2017 the trial judge wrote in an order that he was not persuaded by J&J's arguments and denied, without prejudice, their Motion to Dismiss. The judge then granted DECN's subsidiaries the ability to amend the original patent complaint to allege patent infringement under the Doctrine of Equivalents. On April 4, 2017 the company filed its amended complaint, citing strong legal doctrines. J&J/Lifescan answered the complaint on April 17, 2017.
The doctrine of equivalents when alleged is a legal doctrine in patent infringement cases that allows a court to hold a party liable for patent infringement even though the infringing device or process does not fall within the literal scope of a patent claim, but nevertheless is equivalent to the claimed invention.
Keith Berman, Principal Executive of Decision Diagnostics, stated, "Alleging patent infringement under the Doctrine of Equivalents is the most powerful tool available. The troubled nature of J&J/Lifescan's now terminated 7,250,105 patent precluded DOE allegations in our dust up with J&J/Lifescan.
Using the Doctrine of Equivalents in our current patent infringement case will allow us to short circuit much of the endless delays involved in these extremely complex litigations. Expert reports and testimony activities have already begun. The honorable Richard F. Boulware's ruling in the Nevada Federal District Court was structured exactly as the company had hoped, but this ruling also contained significantly more than we had reasonably expected. Our objective is to capitalize on this ruling to bring this case to conclusion by the end of this calendar year."
This release contains the Company's forward-looking statements which are based on management's current expectations and assumptions as of May 3, 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.