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DECN's Appeal To Be Heard In Case Against J&J Over A Grossly Unfair Ruling And Lower Court's Termination Of The Case Against Their Court Wounded Adversary
DECN's Appeal To Be Heard In Case Against J&J Over A Grossly Unfair Ruling And Lower Court's Termination Of The Case Against Their Court Wounded Adversary.
About this update from Decision Diagnostics Corp
[{"type":"text","content":"Company’s seminal appeal set to overturn lower court ruling, DECN will treat long standing issues with J&J and opportunities with platinum equity separately LOS ANGELES, CA / ACCESSWIRE / July 18, 2019 / Decision Diagnostics Corp. (OTC PINK: DECN) is a 17-year old, diabetes-focused bio-technology development 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 in FDA 510(k) prosecution. 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! TBG Test strip and Avantage! meter a proprietary testing product for dogs, cats and horses, and the panacea GenUltimate! TBG ("Dragonfly") diabetes testing system, now awaiting a clinical trial slot in Korea.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 battles 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. That ruling has set the stage for a number of events that have subsequently arisen.Keith Berman, CEO of DECN, commented, “While we have appealed the lower court ruling, and the hearing for our appeal is fast approaching, the overall landscape has changed. First, J&J sold its Lifescan division to Platinum Equity LLC, who now owns and is selling the offending medical device, the Lifescan OneTouch Ultra test strip. When we first filed our infringement lawsuit, Lifescan had sold at least 30 million boxes of its offending test strip each year for at least the previous 6 years. The offending test strip is still a market leader.”J&J continues to defend against DECN, and even though J&J ...