SCOTUS Denial of J&J Claims Finally Opens Doors to Sales in the EU with Less Fear of Legal Repraisal
SCOTUS Denial of J&J Claims Finally Opens Doors to Sales in the EU with Less Fear of Legal Repraisal
LOS ANGELES, CA / ACCESSWIRE / March 1, 2017 / Decision Diagnostics Corp. (OTC PINK: DECN), the manufacturer, quality plan administrator, and the exclusive worldwide sales, service, and regulatory processes agent for GenStripTM 50 and the GenUltimate!TM glucose test strips, both designed to work with the market leading Johnson & Johnson's ("J&J") LifeScan OneTouch Ultra family of glucose testing meters, and the recently completed GenSure!TM and GenChoice!TM glucose test strips targeted to the U.S. and/or developing world markets, today updates investors regarding its litigation against J&J/Lifescan in regards to U.S. Patent No. 7,250,105 (the "105" patent) and this litigation's final conclusion.
Decision Diagnostics' company shareholders have been spectators to years of unwarranted legal attacks engendered by J&J/Lifescan in an illicit effort to prevent Genstrip and GenUltimate, the Pharma Tech Solutions which feature rich and inexpensive blood glucose test strips, from disrupting their blood glucose test strip monopoly.
As had been previously announced, after a consistent series of victories in the Federal courts dating back to 2013, the U.S. Appeals Court for the Federal Circuit on May 10, 2016 terminated the J&J/Lifescan meritless legal attacks by a rejection of the J&J/Lifescan petition for en-banc rehearing filed in a desperate final attempt to preserve their foundational "105" patent. That ruling, and the Appeals Court Mandate that followed nine days later, rendered any such claims to patentability null and void.
Inexplicably, J&J/Lifescan opted to respond to the unequivocal and unambiguous Federal Circuit Court ruling by directing its attorneys to petition the Supreme Court of the United States by filing a Writ of Certiorari. Had the Writ been granted, it would have compelled the Circuit Court to transfer their case related legal records to the Supreme Court for a review of the ruling by the panel of judges in the USPTO. That Writ is issued solely at the discretion of the Supreme Court and when at least three of the SCOTUS justices believe the review is warranted based on a sufficiently significant federal question.
Keith Berman, Principal Executive of DECN, stated, "This is all too monotonously familiar to everyone involved; we keep winning and J&J/Lifescan keeps filing additional appeals. Fortunately, they have now run out of courts. There is nowhere else for them to turn in their fumbling attempts to perpetuate this frivolous litigation. This is now and forever formally concluded. We have unconditionally won our right to market Genstrip 50 and GenUltimate wherever and to whomever we choose. The company is a winner, our shareholders are winners, and, most importantly, the global diabetic population is the biggest winner. J&J/Lifescan is, of course, the loser."
The J&J/Lifescan petition to the SCOTUS was circulated to the justices for their consideration on January 6, 2017. On January 9, 2017 the court decided that the petition failed to reach the minimal legal threshold for review and formally denied the J&J/Lifescan attorney petition for filing of a Writ of Certiorari.
Forward-Looking Statements:
This release contains the Company's forward-looking statements which are based on management's current expectations and assumptions as of November 29, 2016, regarding the Company's business and performance, its prospects, current factors, the economy, and other future conditions and forecasts of future events, circumstances, and results.
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II, on 2/5/2017. IT IS ORDERED that a hearing regarding34 Motion to Dismiss is set for Monday, March 13, 2017 at 11:00 AM in LV Courtroom 7D before Judge Richard F. Boulware, II. A hearing is set March 13, 2017. Counsel for the parties are ordered to appear at this hearing. Failure to appear at the scheduled hearing time may result in the imposition of sanctions, including but not limited to monetary sanctions, granting of the opposing party's motion or case-dispositive sanctions. Each party shall have three days to notify the Courtroom Administrator by email at blanca_lenzi@nvd.uscourts.gov if unable to attend and propose an alternative hearing time after consulting with opposing counsel. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
I spoke to KB last night primarily about the TAUG lawsuit, and during the conversation KB told me that J&J recently sent a letter to DECN's counsel demanding that DECN withdraw their lawsuit in Nevada immediately or face the wrath of J&J. KB thought this was a good sign that this lawsuit is standing in the way of J&J's divestiture of the Lifescan division. KB told me he expected J&J to demand a meeting next.
Johnson & Johnson February 27, 2017 10K
On January 26, 2017, subsequent to year-end, the Company announced it is engaging in a process to evaluate potential strategic options for the Diabetes Care franchise.
