Decision Diagnostics Corp (DECN)

[Leirum]

I had to read this again and must say, well written by S.

I was speaking to the Markman hearing that occurred on August 22. The real name of the Markman hearing is claims construction hearing. But Markman, a Plaintiff some years back, had the process named after him because that case set order to the patent infringement process. Other than a trial, the Markman hearing is the most important part of a patent suit. If J&J can prove there is a hint of infringement then the suit goes to trial. If DECN proves there is no infringement then they win by default. The word after the Markman hearing was that J&J did not prove their case. Now 10 weeks have passed. There has been no ruling.

My partner, an IP defense counsel, told me that Plaintiffs (J&J) are given every benefit in this type of court battle. The judge has to believe that they brought their suit in good faith. That is until he doesn't. The 10 weeks of silence is not really silence, it is the lawsuit screaming at J&J that they are in deep trouble.