Hearing in Federal Court on November 17 Sets Stage for Conclusion of Case
LOS ANGELES, CA / ACCESSWIRE / September 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 recently released GenSure!™ test strip for the developing world, and the post-development GenChoice!™ test strips to be targeted to international markets and (later to) U.S. markets, and, finally, the upcoming GenPrecis Precision system, which is expected to set new standards in at-home diabetes testing, today reports on two consequential updates in its most recent battle with two divisions of pharmaceutical industry giant Johnson + Johnson, who, in September 2011, began a series of lawsuits based on false and, as ultimately demonstrated, frivolous legal allegations of patent and trademark infringement.
On September 18, 2017, J&J/Lifescan filed its last pleadings in support of their Motion for Summary Judgement in the litigation brought by DECN subsidiaries. This pleading now sets the clock for a ruling by the Federal judge in Nevada Federal court. A November 17, 2017 date has been set for final verbal arguments in these matters, with a ruling expected shortly thereafter. DECN has sued J&J/Lifescan in Federal court in Las Vegas Nevada and has made claims for $400-700 million, as further outlined in the lawsuit.
Keith Berman, CEO of Decision Diagnostics and President of its PharmaTech Solutions subsidiary, commented, "This lawsuit we brought against Johnson & Johnson/Lifescan is a natural progression of the business and the patent battles we have had dating back to 2011. While J&J/Lifescan have employed guerrilla warfare strategies (or in legal terms, tortuous interference) such as writing threatening letters to our clients, the clients of our clients and to independent pharmacies amending their franchise contracts to add punitive clauses keeping large chain pharmacies and other stores from buying DECN products. DECN has nonetheless endured and with the lawsuit and recent challenges, we have gained a foothold and are moving forward at an increased advantage by putting business first and never deploying dirty tactics in this case."
The company strongly believes that the November 17, 2017 hearing will bring to an end all of their frivolous postponements, evasion of certain truths and weak expert testimony employed by J&J/Lifescan to frustrate the court processes involved in DECN's meritorious patent infringement claims. In particular the Federal judge must reach a decision, whether there is a genuine issue of material fact as to whether (1) the DECN rationale of earlier patent amendments provided and accepted by the USPTO bore no more than a "tangential relationship" to the operation of the Lifescan's Accused Products; or (2) there is clear and convincing evidence that claim scope that would have covered Lifescan's accused products was surrendered. J&J/Lifescan is betting that the judge is willing to take away DECN's right to a trial on the facts. This is an extremely high, almost impossible, hill that J&J/Lifescan must climb.
Mr. Berman concluded, "We strongly believe that we will prevail on November 17 and set the stage for conclusion of our battles with J&J/Lifescan. J&J/Lifescan is out of patents which they can use to trump up ridiculous allegations. Our plan is to tactfully enforce our rights against J&J/Lifescan for the pain they have caused our clients, the clients of our clients, and our shareholders in true DECN form which is to win by virtue and prove that sometimes David does overcome Goliath."
ABOUT DECISION DIAGNOSTICS:
Decision Diagnostics, operational for over 15 years, is the leading manufacturer and worldwide distributor of diabetic test strips engineered to operate on legacy glucose meters. DECN's products are designed to operate efficiently and less expensively on glucose meters already in use by almost 4 million diabetics worldwide. With new test strips already in the final stages of development, DECN products will shortly compete on a worldwide scale with legacy manufacturers currently selling to 45+ percent of a 12 billion market.
This release contains the Company's forward-looking statements which are based on management's current expectations and assumptions as of September 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.