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DECN's Appeal Nearing Oral Arguments in its Patent Battle with Johnson & Johnson Over the Unjust Ruling in the Nevada Lower Court
DECN's Appeal Nearing Oral Arguments in its Patent Battle with Johnson & Johnson Over the Unjust Ruling in the Nevada Lower Court.
About this update from Decision Diagnostics Corp
[{"type":"text","content":"Appeals Court Set to Hear and Then Decide DECN's Seminal Legal Question at Issue in Long Simmering Patent Battle with Johnson & Johnson and its Successor LOS ANGELES, CA / ACCESSWIRE / May 7, 2019 / Decision Diagnostics Corp. (OTC PINK: DECN) is a 17 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 its GenChoice! ("Ladybug") test strip now under review for FDA 510K clearance. 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, and the GenUltimate! Test 4Pets test strip and Avantage! meter launched earlier in 2019, and the panacea GenUltimate! TBG ("Dragonfly") highly precise diabetes testing system, ready for clinical trials.In October 2018, DECN 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 long 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. DECN immediately appealed this lower court ruling to the United States Court of Appeals for the Federal Circuit (the patent court). Briefings were completed and some 10 days ago the Federal Circuit court asked both sides to provide ''black-out'' dates so that the court could set the date for the court ordered Mediation and the oral arguments. Dates from the Federal Circuit court are expected shortly and are tracking presently for events to occur in mid-June 2019. Keith Berman, CEO of DECN, commented, ''Whi...