Wednesday, August 26, 2015 6:04:29 AM
Having received successive unfavorable legal patent decisions concerning its '105 patent, Johnson & Johnson recently filed their final appeal in an attempt to maintain exclusivity over the blood glucose test market. Prior appellate court rulings have consistently affirmed that Pharma Tech's GenStrip legally and justifiably entered the market to compete with the Lifescan franchise. Those rulings have been specific in their opinion and narrowly precise in the interpretation of the law. The clarity and comprehensiveness of the recent USPTO decision effectively neutralized a cogent legal basis for appeal. Desperate to extend the legal process, the most recent J&J/Lifescan appeal necessarily attacked not just the law and the ruling against them, but also the Director of the USPTO and challenged the rights to render a decision as per agency dictates.
http://www.marketwatch.com/story/us-solicitor-general-intervenes-against-johnson-johnson-in-decns-long-running-patent-battle-over-genstrip-50-2015-04-14
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