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Nope - that's not the way it works. Deals sometimes include NDAs and agreements about when separate cases will be closed.
You're too focused. Step back and think about how real deals, with multiple cases are made.
We can't conclude that the other cases are still in play
What ever settlement agreement was reached, it would not have been required to be limited to the 105 case. The negotiating judge would have eagerly accepted closure on elements of other cases to complete his negotiations.
I think we agree on the rest of your points. My summary would be: we don't know the summary terms yet. People should not assume what the benefits or costs will be for JNJ or DECN.
Genuine thanks for the chuckle. I don't know. But if the agreement included something about the 105 patent and JNJ stipulated that all public announcements be embargoed until Friday, May 6th, who would have refused or disallowed the deal?
There Is No Settlement Information About The 105 Patent
The post I'm replying to said:
"The Court document filed announcing a Settlement ...
Many have reviewed that same document and it seems the consensus,at least on that document,the "105"/En Banc case is not included/or noted as part of this settlement."
I don't understand the point. The document didn't mention anything about the Settlement terms other than they are not public!
Here's a statement that is equally true:
"Many have reviewed that same document and it seems the consensus,at least on that document, is that alien invasion protection or JNJ's request for a full court case ruling is not included/or noted as part of this settlement."
My points are that the terms of the settlement have not been disclosed. And any consensus about the 105 patent is based on speculation without any access to the facts.
OK - we disagree, let's move on
Agree with your perspective
A win on the Nevada front would likely yield very high rewards.
What I neglected to explain was that I felt the odds of success and the costs of obtaining them didn't seem to me to be a high priority for DECN at this point in their evolution.
You're perspective may be superior (more likely) than mine. I'm not trying to argue, or raise this into a major issue. I was just offering my perspective.
I'm certainly not sure, but I don't think co-funding has anything to do with it.
If DECN and Fox had decided to open the Nevada front as part of an integrated strategy to put pressure on JNJ, their wouldn't have been any co-funding, just a simple one-time expense.
So which was the more likely reason for the suit: a new pot of gold or a new angle of pressure?
I usually have an opinion about an either/or choice. I this case, I don't think there is enough public information to make one.
My mistake - sorry. The perils of communicating by text.
Big Pay Day!!! Huh?
TAUG Is Not A Plausible Theory
That was the point of my post. The post I'm responding to tried to twist my original message into TAUG hype.
1 million shares TAUG = $10,000
I suppose almost anything is possible. But ...
I sniffed at TAUG shortly after that announcement. I found it peculiar because my impression was that TAUG had become a shell company with no actual products. I assumed that the offered KB a board position for some shares and free advice on their legal battles. But this was all navel gazing on my part. I decided KB's board position at TAUG wasn't likely to be very relevant to me.
Unless I seriously misjudged the potential of TAUG (entirely possible), the path seems a lot less interesting than DECN's potential path. Could the JNJ offer have been so rich (for KB personally) that he decided to sell? Perhaps - but if he wanted to start a new career with his new money - TAUG????
'you always see the Company and the Attorney's addressing the reporters with "satisfaction" over the terms and "to have this now behind them"."
That only applies to deals that the press is interested in. DECN is still too small to get press attention, and JNJ probably doesn't want it about this deal.
And even in the case where the press is interested, all you get is posturing - no hard information.
Clarification on settlement what-ifs
"does this settlement include the Lawsuit just submitted by DECN against J&J in the last month?". No.
"Does this also include the "105" pending En Banc court case?". There is no public information about this yet. It's highly likely that JNJ agreed to withdraw their request as part of the settlement mediated by the judge. But no one who knows can confirm this. Anything else is useless speculation.
In the short term, I agree
"Whatever the settlement, it will probably have no significantly material effect on JNJ's well-being one way or the other."
But since JNJ seems to have lost it's patent protection (at least against DECN), the OneTouch test strip market is transitioning to a generic market.
That will have a material affect on JNJ. Debilitating - absolutely not. Inconsequential - very unlikely.
Because JNJ likely specified that DECN couldn't in return for any concessions they made. That was part of the deal.
JNJ Suit Against DECN Settled - Thanks gman3
I mistakenly posted that the PACER information came from cakes10 on the DECN board.
It actually came from gman3. Sorry for my misattribution.
The case IS settled
"Maybe someone with "settlement" experience could chime in,but it seems to me that if this was settled,wouldn't the parties ask the court to delay the public release of the news pending both side's review and preparation for a public announcement by both parties,simultaneously?"
No, that's not how the system works. The publicity part is outside of the court system and solely in the hands of the antagonists. No need to ask the court to delay the release, this is handled by all parties agreeing (including the court) that the terms are not to be made public.
-----------
"maybe it is settled,but the Court reporter, in error,released the information before both parties had requested?"
That's a real stretch!
JNJ Suit Against DECN Settled
Pacer cut and paste is courtesy of Cakes10 (a moderator over on the DECN board):
Case No.: 11-cv-04494-WHO (JCS)
Related Case 12-cv-6360 WHO (JCS)
Case Name: LifeScan Scotland, Ltd. v. Shasta Technologies, LLC
Related Case: LifeScan v. Shasta Technologies
Date: April 28, 2016 Time: 4 H
Deputy Clerk: Karen Hom Court Reporter: Not Reported
Attorney for Plaintiff: Gregory L. Diskant
Attorney for Defendant: William Rudy- Dft Instacare & Pharmatech,
PROCEEDINGS
( ) Settlement Conference
( ) Case Settled ( ) Case Did Not Settle ( ) Partial Settlement
(X) Further Settlement Conferences - Held
(X) Cases Settled ( ) Case Did Not Settle ( ) Partial Settlement
( ) Telephonic Scheduling Conference
( ) Discovery Conference – Lead Trial Counsel Meet and Confer
( ) Status Conference
( ) Other
Notes: Binding term sheet signed.
Plaintiff's representative: Michael Timmons, in-house counsel for J&J. Defendant's
"What in your estimation will be the cause of this run, and when do you think it will occur?"
nonsequetor can speak for himself.
IMO, I think there will be a run-up today, that will continue into Monday. Why, because DECN seems to have been freed from the shackles of JNJ legal oppression. I presume, but do not know, this also resulted in a JNJ agreement to withdraw their en blanc hearing request.
Really? Where did the 750M come from?
I first bought DECN in December of 2013, and have been following it since. I don't recall any credible estimate of what KB would demand. Is this your speculation? If not, can you provide link to your source?
"Possibly. KB would demand a hefty premium. Nothing less than 750M."
There are attorneys, that occasionally post on this board, which are familiar with the latest DECN and JNJ legal battles. Some of them also appear to have a deep understanding of the history over that last 5 years.
Your questions are clear and bold.
Are you willing to pay for the specialized information you're seeking, or are you just trolling for free legal advice?
TIA
DECN Preferred Shares are a minor detail
1,750,000 Preferred E Shares are Irrelevant
The relevant number of shares are those actually issued, the the potential maximum
I don't care what other investors paid for their shares. If ALL of the issued Preferred Series E shares get converted to common stock, we're talking about something like 10% dilution. Focusing on the price that other investors paid is naive - it is what it is and doesn't matter to current or future investors. Those terms are set.
This is especially true for DECN. Folks that loaned money to DECN accepted an equity share in lieu of their loan. They forgave their loans to DECN in exchange for shares in DECN's future growth. I consider this to be a big positive.
DECN is up 300% - No Death Spiral
Last September we were warned that the DECN share price was likely to get much worse. But those warnings of a collapse in share price turned out to be a colossal failure.
Anyone who sold, based on that advice, could have received a price that was 3 times higher by waiting 6 months.
The DECN Pinkie Trading Cesspool Has Been Great!
The current market value of DECN is 3 times my average cost per share.
LOL - weeeeeeeeeeeeeeeeeeee
Same hype when DECN traded at 8_cents
Last September we were warned: "Likely to get much worse here. The VC's will require below market shares if they offer financing at all. This DECN has all of the makings of a death spiral, and possibly sub-penny within a year or so."
But the warning of a collapse in share price turned out to be a colossal failure. Anyone who sold, based on that advice, could have received a price that was 3 times higher by waiting 6 months.
Deja Vu - yep.
sigh
There is no Pump and Dump
Alydyr said:
"Anyone know if Retail Monster received below market unrestricted shares of DECN prior to the press release? Pump and Dump"
Yes, I do.
Retail Monster did get an equity share in DECN's success.
As for "Pump and Dump", that may have been a credible possibility 6 months ago, but it is not today. The trajectory of DECN stock price is clearly up.
Hedge Funds Are Not Selling DECN
It's true that DECN offered hedge funds a share of the company - in exchange for services. But there doesn't seem to be any rush for these hedge funds to sell their share of DECN.
Why would they do it now? It's pretty clear that they aren't.
This is not a Death Spiral!
Perhaps this is the start of the "Death Spiral" that was forecast?
Uh-Oh There is no Death Spiral
About 6 months ago, we saw a post on this board which included:
"This DECN has all of the makings of a death spiral, and possibly sub-penny within a year." or so.
The following phase is one that I personally abhor, but it seems appropriate in this case: Just sayin' - LOL
ksuave said: "I predict -- and I'm not always right -- that sp will be lower in the coming days.
I suspect you're right. And I predict that the DECN baseline price will more than double within the next 3 months.
About a half hour ago, I bought another 100K shares at an average share price of $0.31. I am now the proud owner of 350K DECN shares. Yes, these shares were about twice as expensive as the average price of my first 250K shares.
Why did I increase my investment in DECN? Because I called a very good friend earlier today to suggest that he buy some. Afterwards, I decided if the risk/reward ratio was good enough for me to recommend it to him, why shouldn't I buy some more myself? Especially since DECN would still be a very small part of my portfolio. So I did.
DECN is the first OTC stock I've ever owned. I've learned to love this "death spiral".
"Sadly, (and as I predicted long ago) the shell game is pretty much over here at DECN."
Summary of recent key DECN litigation information
This link, which is periodically updated, contains many of the key insights about DECN's legal journey over the last few months.
DECN Litigation Updates
Berman needed to raise party cash? ;-}
There is no DECN Death Cycle
In fact, the trend over the last few months has been up and it is likely to accelerate over the next few months.
JNJ's attempt to sue DECN into oblivion seems to have failed. Everyone that was claiming that JNJ would win in court against DECN has stopped claiming that or admitted that DECN is likely to prevail.
You may be correct that abusers of Review Request lose that privilege. But almost all of my Review Requests were reinstated by Admin. Except some early ones where I was still learning the ropes. And none of them came even close to something like: I'd throw your sorry ass in jail just for fun (based on an assumption that was wrong).
So if there was any abuse involved, it was by the person who removed my posts and was overridden by Admin.
And if you didn't write that mean spirited post, I could not use that to ban you or throw your sorry ass in JAIL. I would have just had to find another excuse to do so. Or I would have done it just for fun.