Decision Diagnostics Corp (DECN)

[Leirum]

Sometimes, the action of somebody speaks more than every statistic could prove.

In this case of course we are talking about J&J/Lifescan.
Taken from the press-release: They have upheld Pharma Tech's legal right to manufacture and sell GenStrip while consistently maintaining that it's having done so has never, in any way, infringed on J&J/Lifescan's bellwether patent. We have repeatedly stated that position, the courts have consistently sustained it and Lifescan knows it. Their intent was never to beat us in court but to prevent us from selling the product while forcing us to allocate company resources for a legal defense of this spurious suit.
Using this when it comes to damage-compensation, will be a blessing for every lawyer on the side of DECN. Preventing somebody from selling a product means that J&J/Lifescan admits, that they are afraid, that DECN would grab a sizeable portion of the market share, J&J/Lifescan is in control of. What of course comes to it is as well: If you prevent somebody from selling, then you prevent somebody from planning . What you lose time in planning you lose in execution. So as a matter of fact when it comes to compensation, we would not be talking about 2 lost years but about 4 lost years.

J&J after having lost repeated times and now trying a last gimmick, will have a hard stand to explain to a judge, why all those winding roads of legal tricks and expenses for something, that they rate so low, based on their low offer to DECN for settlement. An offer that of course could not be accepted by DECN.

I would guess, that a judge could create an example for calling in a very high settlement amount, just to send out a signal to some big companies who see themselves above law just because they have unlimited access to funds. The message could then be understood that law and judges are not part of the system to be abused by trying to manipulate it just because of deep pockets . A strongly worded shot across the bows with a high Dollar figure could and would do the trick for the future of similar cases, were small companies never had a chance because of lack of funding.