Yesterdays news of course were not welcome news for everybody but certainly for DECN shareholders.
Those familiar with the case or better said only interested in the legal battle between J&J and DECN must admit, that this recent development was never part of a script as it shows, what can happen when big money thinks, that the rules are for everybody but then not for themselves and try to turn the clock back 100 years.
The attacking of the USPTO decision by J&J after having lost 3 times is a clear sign, that they regard this office not as a federal agency and worse, disregard the Constitution of the USA.
They better would read what The United States Patent and Trademark Office presents.
The USPTO fulfills the mandate of Article I, Section 8, Clause 8, of the Constitution that the legislative branch "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." The USPTO registers trademarks based on the commerce clause of the Constitution (Article I, Section 8, Clause 3). Under this system of protection, American industry has flourished. New products have been invented, new uses for old ones discovered, and employment opportunities created for millions of Americans. The strength and vitality of the U.S. economy depends directly on effective mechanisms that protect new ideas and investments in innovation and creativity. The continued demand for patents and trademarks underscores the ingenuity of American inventors and entrepreneurs. The USPTO is at the cutting edge of the nation's technological progress and achievement.
The USPTO advises the president of the United States, the secretary of commerce, and U.S. government agencies on intellectual property (IP) policy, protection, and enforcement; and promotes the stronger and more effective IP protection around the world. The USPTO furthers effective IP protection for U.S. innovators and entrepreneurs worldwide by working with other agencies to secure strong IP provisions in free trade and other international agreements. It also provides training, education, and capacity building programs designed to foster respect for IP and encourage the development of strong IP enforcement regimes by U.S. trading partners.
If one takes this “intus” then it cannot come as a surprise, that The office of the Solicitor General had to intervene and now actually is joining the Pharma Tech attorneys in their battle against J&J. The verdicts (wordings) from USTPO against J&J in this case were more than clear and one thinks that the first ruling should have had the necessary effect, nope even 3 rulings against J&J were not taken serious on the contrary, J&J tried their old known strategy backed by unlimited resources under the slogan “ we are the system”.
The old saying: You can “F” everybody but never “F” with the government as the latter has more rescources as those so-called monopolists.
The filing from the Solicitor General of the USA about his intention to intervene in the United States court of Appeals for the Federal Circuit should make it clear: That the time is running out for J&J and actually they missed the perfect exit. Now it will become very very expensive for them, but as one lawyer stated in an UK forum: J&J will only learn when the penalty really hurts because as a public company they will be responsible to a body representing the shareholders. How will they justify a case that never should have taken place but has cost them already millions in legal fees. How will the justify their tactics in a case which was lost already some months ago, however out of stubbornness was not settled and now at risk to add more and more millions for legal fees and settlement costs? Regardless what kind of capitalization J&J has, there are clearly limits within each organization when it comes to throw money out of the window. They should have learned from all those Anti-Trust cases some of the big companies went through in the USA and in Europe and at the end had to pay millions and millions. Seems they did not and the reason can only be found in this little story:
They thought of DECN as a small company run by a bunch of unguided missiles. Their thinking was bolstered by Emails/information they got from 3 to 5 parties who had an old open bill with DECN and the management. And J&J fell into this trap. They bought those stories 1 to 1 and even hired a “paid and fake” expert for testimony. But what they missed by first believing all those unfound stories was the fact, that DECN was well advised from the start from some of the best legal brains (as certainly proven now) and as well were backed by some strong hands of investors signaling them the full support. Those are the supporters that are not reading the daily gossip press in some forums against DECN but concentrate on what matters: Win, cash in and execute and grab as much from this huge market as you can and J&J tried at all cost to prevent. And this kind of prevention should make it clear to everyone: There is more to gain from the market DECN tries to penetrate than the eyes presently meets – and J&J knew it and therefore made one of their biggest mistake: Getting in clinch with an Federal Agency.
And in case, somebody would not know what the Solicitor General of the USA means:
The United States Solicitor General is the person appointed to represent the federal government of the United States before the Supreme Court of the United States. The current Solicitor General, Donald B. Verrilli, Jr., was confirmed by the United States Senate on June 6, 2011, and sworn in on June 9, 2011.[1][2] The Solicitor General determines the legal position that the United States will take in the Supreme Court. In addition to supervising and conducting cases in which the government is a party, the office of the Solicitor General also files amicus curiae briefs in cases in which the federal government has a significant interest in the legal issue. The office of the Solicitor General argues on behalf of the government in virtually every case in which the United States is a party, and also argues in most of the cases in which the government has filed an amicus brief. In the federal courts of appeal, the Office of the Solicitor General reviews cases decided against the United States and determines whether the government will seek review in the Supreme Court. The office of the Solicitor General also reviews cases decided against the United States in the federal district courts and approves every case in which the government files an appeal.
