Decision Diagnostics Corp (DECN)

[Leirum]

Well Shasta can admit and settle what they want with reference to those patents, we are talking about patent 7.250,105

Major Claims in J&J Lifescan Patent 7,250,105 Ruled "Unpatentable" by Three Judge USPTO Panel


On August 6, 2014, the United States Patent and Trademark Office, Patent Trial and Appeal Board has sustained, in a final ruling, the company's challenge to Johnson & Johnson Lifescan's Patent 7,250,105, specifically "claims 1-3 ... for obviousness, ... by a preponderance of the evidence." These three claims are used by J&J Lifescan as the foundation of their patent infringement lawsuit against DECN and Pharma Tech. The USPTO Judge Panel has ruled these claims as "unpatentable."

The August 6, 2014 ruling marks the third ruling by a higher court on this same J&J Lifescan Patent. Previously in August 2013, in a preliminary ruling, the same USPTO three judge panel determined "that Pharmatech has demonstrated that there is a reasonable likelihood of its proving the unpatentability of claims 1-3 of the '105 patent by a preponderance of the evidence.' In November 2013 the Federal Circuit Court, reversed an earlier ruling made in late March 2013 by a District Court judge in Northern California, and ruled that the J&J Lifescan patent rights (under patent 7,250,105) were subject to the doctrine of patent exhaustion.

And here even something from the Intellctual Property Magazine, that refers as well to Patent Nr. 7,250,105 and nothing else.


http://www.sughrue.com/files/Publication/e2102668-3eea-4779-a633-7f1e6fb30230/Presentation/PublicationAttachment/8c039f86-839c-40f0-a1ef-80c0f7be1b16/90003000SuanPanMay2014.pdf

It is recommended to read the whole article.

And here what Patent 7.250.105 is all about

(USP 7,250,105) 1. A method of measuring the concentration of a
substance in a sample liquid comprising the steps of:
providing a measuring device[,] said device comprising:
• a first working sensor part for generating charge carriers in
proportion to the concentration of said substance in the sample
liquid;
• a second working sensor part downstream from said first working
sensor part also for generating charge carriers in proportion to
the concentration of said substance in the sample liquid wherein
said first and second working sensor parts are arranged such
that, in the absence of an error condition, the quantity of said
charge carriers generated by said first working sensor [ ] part
[is] substantially identical to the quantity of said charge carriers
generated by said second working sensor part; and
• a reference sensor part upstream from said first and second
working sensor parts which reference sensor part is a common
reference for both the first and second working sensor parts, said
reference sensor part and said first and second working sensor
parts being arranged such that the sample liquid is constrained
to flow substantially unidirectionally across said reference sensor
part and said first and second working sensor parts; wherein said
first and second working sensor parts and said reference sensor
part are provided on a disposable test strip;
• applying the sample liquid to said measuring device;
• measuring an electric current at each working sensor part
proportional to the concentration of said substance in the sample
liquid;
• comparing the electric current from each of the working sensor
parts to establish a difference parameter; and
• giving an indication of an error if said difference parameter is
greater than a predetermined threshold.