Business
DECN Set to Appeal the Clearly Unfair Ruling in Court's Termination of the DECN Patent Infringement and False Advertising Case Battle with Johnson & Johnson
DECN Set to Appeal the Clearly Unfair Ruling in Court's Termination of the DECN Patent Infringement and False Advertising Case Battle with Johnson & Johnson.
About this update from Decision Diagnostics Corp
[{"type":"text","content":"Court Decides After 10 Months to Modify the Seminal Legal Question at Issue, Thereby Handing J&J an Easy Victory They Do Not Deserve and Have Not EarnedLOS ANGELES, CA / ACCESSWIRE / October 30, 2018 / Decision Diagnostics Corp. (OTC PINK: DECN) is a 16 year old, diabetes-focused bio-technology R&D firm, manufacturer, quality plan administrator, FDA registered medical device customer support organization, and exclusive worldwide sales and regulatory process agent for the GenUltimate! ("Sunshine") diabetes test strip, the internationally launched GenSure! ("Feather") diabetes test strip, and the clinical trial in process GenChoice! ("Ladybug"). The company also markets the PetSure! test strip for the diabetic testing of dogs and cats, a diagnostic specifically designed to run on the market leading Zoetis Alpha Trak meter system, the imminently ready PetUltimate! Test strip and Avantage! meter set for commercial launch in November 2018, and the panacea GenPrecis! ("Dragonfly") diabetes testing system, ready for clinical trials.Last week DECH found itself on the wrong side of an inaccurate and unfair ruling by the Nevada Federal District Court in its long running patent battle with industry giant Johnson & Johnson (J&J). Specifically, the Court modified the questions at issue 10 months after the conclusion of the briefings and oral arguments. Rather than directing his ruling to the "equivalent" (which in DECN's case is the J&J/LifeScan system), the Court instead directed its ruling to the system claimed in DECN's patents. More specifically, the Court misrepresented DECN's principal arguments with its ruling by mistakenly comparing DECN's patented system to itself and ignoring J&J's infringing system and the basis for DECN's lawsuit.Keith Berman, CEO of DECN, commented, ''We are obviously disappointed by the ruling. However, upon analysis, it appears that the trial judge's ruling ignored the entirety of DECN's principal arguments and handed J&J a victory by incorrectly ruling that DECN made claims in its pleadings and arguments about its system and patents that are wrong. The judge's ruling ignored a comparison between the accused (J&J) system and our system, and instead incorrectly compared our patented system to itself. Mr. Berman continued, ''Althou...