Business
Decision Diagnostics Corp. CEO Offers Primary Update on Legal Proceedings, Potential Outcomes, History, and Synopsis on Its Strategic Suit Against J&J
Decision Diagnostics Corp. CEO Offers Primary Update on Legal Proceedings, Potential Outcomes, History, and Synopsis on Its Strategic Suit Against J&J.
About this update from Decision Diagnostics Corp
[{"type":"text","content":"Company Believes that November 17 Hearing in Nevada Federal Court Will Set the Underpinnings for a Quick and Lucrative Outcome for Its Patent Infringement SuitLOS ANGELES, CA / ACCESSWIRE / November 1, 2017 / Decision Diagnostics Corp. (OTC PINK: DECN) is the manufacturer, quality plan administrator, FDA registered medical device support organization, and exclusive worldwide sales and regulatory process agent for the GenUltimate!™ (our \"Sunshine\") diabetes test strip and now the internationally launched GenSure!™ (the \"Feather\") strip and the final development of GenChoice!™ (the \"Ladybug\") and GenPrecis!™ (the \"Dragonfly\") test strip and meter. DECN discusses the status and probable outcomes in the pending November 17, 2017 court hearing in its litigation against Johnson & Johnson and several of their operating divisions (\"J&J\").HistoryJ&J attacked the Company in 2011 in an obvious attempt to remove the company's feature-rich and significantly less expensive GenUltimate!™ product from the competitive landscape. The Company prevailed in the suit involving three separate patents filed by J&J and subsequently filed its own lawsuit in March 2016 in a different legal venue than the California 9th circuit.In March 2016, DECN, through its technology subsidiaries, filed suit in the Nevada District Court against J&J for infringement of two patents owned by DECN subsidiaries. In March 2017 the trial judge in the Nevada court granted DECN the ability to amend their patent infringement claims, using the influential Doctrine of Equivalents (\"DOE\"). DOE is the adjustable crescent wrench tool used in certain types of patent infringement cases. The scheduled hearing on November 17, 2017 will determine the course of the litigation.Potential OutcomesAlthough there are many combinations of potential outcomes, the Company has chosen three that are most likely, presented in order of likelihood and preference.1) The Company may win at the November 17 hearing, where the outcome is a judge's ruling that is structured to identify the overall weakness in J&J's defense, thereby signaling to both parties that continuing litigation to its conclusion would add or subtract very little, and DECN's use of the Doctrine of Equivalents would greatly raise the value of the case for DECN. This type o...