Many who started out of their garages now live in them.

The SEC regulates 30,000 companies and receives complaints from shareholders that trade for their own portfolios in about 20,000 of these companies. If the company has a market cap less than $25 million the SEC doesn't waste their time investigating purported frauds.

It is a risk on all penny stocks traded at levels beneath OTCQX

Perhaps and perhaps not. Although management has not been totally forthcoming, they need to be given a chance to succeed.

amid allegations of fraud and insider trading

That same thing is alleged here almost every day.

Simple question for the rumor that DECN is about to declare bankruptcy. If so, why hasn't the resident CPA posted the company's cash position that was just posted on OTC Markets with their financials? I would love to hear this explanation.

And now I am really confused. The company's securities lawyer is lying?

Oh well...

You had convinced me that there was some sort of grand conspiracy going on with an inept and corrupt management that hid everything from shareholders deliberately. Now I do not know what to believe. Do I believe my own eyes or a bunch of random unconnected dots and nitpicks.

By the way, sanctions came down today on CPAs at the former accounting firm. And, another person was right. There is a new investigation. The former accounting firm is being investigated by their state accounting agency. This is hard for me to swallow. Corrupt accountants. Who would have thunk it.

I am not sure that was the plan but if so they were right, a nobody reviewed the filings.

That's the first time an admission like that was posted.

Companies unsure of their legal positions or strategies do not put out definitive news releases.

so than does it go to the Supremes?

What law did the USPTO tribunal (4 higher court judges) break or what law doesn't exist that would allow J&J to take a patent obviousness case to the Supreme Court?

What about selling in China? they don't seem to care about patents.

A great place to go if you want your product reverse engineered and manufactured to be sold against you for pennies on the dollar.

So, why was this appeal allowed and how many more non-allowed appeals will there be?

The latest appeal is in a higher court.

It was not overturned, the judges ruling was. The preliminary injunction was set aside. As for overseas sales, as long as the '105 patent lives, selling overseas could lead to 17 new lawsuits in each of the 17 treaty countries that make up the EU. That's why it is so important to win this final appeal. Good try though.

It would be crushing if it were.

Why not call the company and ask. Then you could report back for everyone.

"This isn't some Elizabethan morality play."

It most certainly is.

Things are coming together. I just love this Genstrip review:

"Genstrips work with the same accuracy as the other strips on the market which sell for more, considerably more if you buy the name brand. Pay more if you like, but I'm using Genstrips."

Totally truthful. Upstanding reviewer.

IMO

dank, only one of the patents expired, and only then in February 2015. Patents disappear from the troll list a lot easier then they are re-registered with USPTO. However, worry not, with J&J sitting there with a cancelled patent, I am sure J&J suspects what DECN is up to.

By the way, this latest appeal by J&J has little or nothing to do with the big battle at hand between J&J and DECN. J&J has already lost the '105 patent and is trying to revive it in Washington DC. They, IMO, are not off to a good start.

The real battle, and the upcoming settlement, is taking place in California where that '105 patent is no longer part of the major case. Sometime early in April I expect the bond to be attacked, starting with the fraudulent expert. Then there will be fireworks and after fireworks, a settlement.

"Would it be reasonable to think that the appeal presentation is so distasteful to the court that the process would be summarily rejected by the court without a response from DECN and the successive iterations?"

What you are edging around is called Rule 36. The Circuit Court Rule 36s about 60% of the appeals it sees. Usually a case will receive a Rule 36 when it is clear there is no case and the appeal was filed to buy time or just for a losing lawyer to close out a file. Circuit Court judges realize this and act accordingly. However, this is J&J and they will probably be given some rope to hang themselves.

In any event, there will be no further action taken on this appeal until AFTER DECN answers. The law gives DECN 40 days for a response, but J&J has given DECN so much ammunition I doubt they will take all 40 days

Here's a question. If J&J were so sure that they were the recipients of bad judging, and a legitimate appeal would point out the instances of bad judging, why take shots at the USPTO Commissioner and why take 7 months to take these shots. Travesties of the law are travesties the day the travesty occurs, not 7 months later.

The Circuit Court IMO is going to think this appeal is bad ju-ju.

I agree with you, and it is not just my interpretation (the words are chosen carefully and colorfully) and it is not just a USPTO "rep"

I have read J&J's appeal brief, as has my partner. I believe the copy we downloaded was the public version. If not, and this is all there is, then J&J has real issues to deal with. My partner and I were both shocked at three tones in J&J's arguments:

1. J&J attacked a high ranking official at USPTO unmercifully and unfairly. That is just their style, but not a good way to win friends. When you've lost the same debate 3 times, you need to find a friend.

2. The writer representing J&J's law firm wrote the appeal brief as if he (or she) started the legal brief while learning on the job with a tenuous grasp of the facts and issues, explaining to the court how the Lifescan devices work in a manner that reads like the writer just now learned his/her stuff.

3. The writer called the Lifescan invention "novel" and "unique." Did the writer not listen to the tape or read the transcript of the 2013 hearing where the lead judge told J&J that their invention was neither novel nor unique.

J&J lovers and DECN haters there is not much love from J&J in this appeal. They have also blasted a hole in this case wide open with their attacks on the USPTO when the decision was made against them by judges and not USPTO management. DECN should drive right through the hole J&J blasted.

I guess $2000 per hour doesn't buy much these days.

Appealing badly would be the best outcome of all.

"That conversion rate was documented in the 13G filing."

So were the 4.99% clauses and you know this as well, it is just not a part of the agenda. None of these funds can own more than 4.99% at one time unless they are accumulating, and still be a 13G filer. If a fund wished to hyper-dilute just to get out, they would have to file a 13D. You know this too. Why is there always disinformation posted?

"By the way, all of this was discovered by myself."

And this is great research, but unbalanced research and perhaps unimportant research. And as they say, if a proctologist looks hard enough he will always find dirt, but he won't tell his staff of his findings 100 times..

I believe it is more likely that people volunteer their services to J&J. At one time J&J paid a former CEO of DECN to provide gossip. This has been posted many times.

"Why would anyone, much less professional investors, buy at a premium to market?"

This is information posted numerous times by Leirum. The funds paid $0.55. And by the way, funds frequently pay premiums. Many funds are not predatory nor do they think in a predatory manner. Obviously not everyone believes in non-predatory funds.

I took the advice and sought and found...

Title of Office or Other Position with Entity

If the Represented Entity has a physical address in Nevada it may elect to serve as its own registered agent by setting forth a specific office or position (President, Office Manager, Owner, Controller, etc.) within the entity as the Registered Agent. A Represented Entity can change its own contact information or appoint a new Registered Agent by filing a Statement of Change of Registered Agent by Represented Entity.

"DECN is a non-reporting penny stock that has no sales and is being sued for copyright infringement by (arguably) the largest and most powerful medical company in the world."

And the point without repeating it over and over?

"4 hours late is an outrage, how could submission not be denied?"

Let's count the outrages that have happened so far in this case.

"So then I am wondering, why J&J is not taking the advise of all those who let us all know that DECN has no product to write home about and has nothing to scare J&J and by doing so, saving them millions of Dollars in court and further humiliation in court?"

I say let's appoint somebody who posts regularly to contact J&J and to tell them that DECN is a "one trick pony." The appointed one could also volunteer. I am sure they will take another of his calls.

"This DECN one-trick pony is a total joke. A laughing stock."

A laughing stock to who? And why?

With all of the nonsense going on and directed to normal shareholders, creating distractions and fear, someone needs to step back and take a survey, a survey with two questions.

1. Name one other small company that has taken on J&J and brought the giant to their knees, where $2000 per hour lawyers are hired to save J&J's bacon?

2. Who else is taking notice of this?



By the way, the $2000 per hour guys... they are the guys who lost twice with the USPTO, but still think they can win this.

And by the way, don't pay much attention to those who think DECN is dead money, or worse. Filing this Appeal was the ultimate showing of weakness and desperation and you don't have to be a carnivore to smell the blood in the water.

My partner and I had late dinner last night. He believes that J&J's entire Appeal ploy is to get back in front of a mediator, I, for one, cannot wait.

IMO

"In the scheme of things it's interesting, or more appropriately, disturbing that the appeal was allowed to be filed at all."

I look at it a bit differently. I see this move as one of desperation. J&J filed a Notice of Appeal in early October 2014. They used the full 60 days allowed before filing their notice, since they received the bad, bad news from USPTO in early August 2014. Then after filing the Notice of Appeal they had 90 days to file the Appeal itself. On the 89th day, they filed for emergency leave to extend time for another 60 days. In the middle of all of this, J&J petitioned the court for a change of counsel, from the $1200 per hour guys to the $2000 per hour guys. That moved the deadline to yesterday. And, of course they filed 4 hours late.

All of this presupposes desperation... buying more time... change of lawyers etc... I can hardly wait to see how the $2000 per hour guys argue this case in front of an expected cold reception at the 3rd most influential court in the land.

"I would hope that the judge will recognize this as a nose thumbing by JNJ and react accordingly.

It will be a 3-judge panel. And this court puts up with no nonsense. This court hears only cases involving the Federal Government, patents, treaties, and other Federal injustices. The head of this court (newly appointed) was President Bush's first Appeals court appointee in 2001. This head judge was on the first DECN panel in 2013, and she may be again. She was in the majority and voted against J&J in 2013 that lead to new law being written.

Another judge who was on DECN's first panel was a finalist for the Supreme Court when Justice Alito was appointed. This other judge, a fellow named Dyk and known to be the most conservative Democrat on the Federal bench, is the court's medical device expert. He was effing brutal and lost his temper twice at the hearing in 2013.... both times for very good reason since J&J was dancing the jig in a court where they expect waltzes.

"My conclusion is that the justice system is a misnomer and should be more aptly named the "injustice system". Beyond that there is minimally an implication that favoritism is shown to the big players with money."

If this were any old Federal District Court I would agree. J&J are masters at manipulation of District Court judges. But not in this court.


In my opinion J&J has raised the stakes on this case way too high and it is going to cost them. The Appeals court is going to order mediation, in Washington DC this time. We will read J&J's Appeal and DECN's response. That will tell lead to estimates as to how much the next offer will be. J&J is playing this very badly.

I am sure they do for shareholders.

"What is the significance of the appeal being sealed?"

It means you cannot read the pleading and arguments tonight. This appeal would contain a large amount of technical data, perhaps worthless technical data, but technical data nonetheless. J&J will play out this game and redact out the data so those with knowledge of these things won't accuse J&J in the legal blogs of being full of it.

"Why is there no download link Sal ??"

Is this important?

By the way, J&J filed the appeal brief 5 minutes ago with the U. S. Court of Appeals for the Federal Circuit. Thus far the filing is sealed. That may change.

No flags are thrown in this higher court business. There are no appeals of dates on a calendar.