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Re: None

Friday, 09/22/2017 10:38:26 PM

Friday, September 22, 2017 10:38:26 PM

Post# of 97093
Reply to Hopefull17 and loanranger:

I am not a legal beagle but from what I understand IF the judge rules in favor of DECN, this is in no way the end of the fight by JNJ. There may be an attempt at mediation or things will go to trial.


http://investorshub.advfn.com/boards/read_msg.aspx?message_id=134801501

Yes, that's my understanding too. If the judge rules in favor of DECN, the war will not be over, but a major battle will have been won. The Judge will force mediation, but IMO, there's no "MAY BE" about it. And if mediation fails (which is a relatively rare occurrence in federal cases of this type), there will be a trial.

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loanranger,

Care to interpret?
"In particular the Federal judge must reach a decision, whether there is a genuine issue of material fact as to whether (1) the DECN rationale of earlier patent amendments provided and accepted by the USPTO bore no more than a "tangential relationship" to the operation of the Lifescan's Accused Products; or (2) there is clear and convincing evidence that claim scope that would have covered Lifescan's accused products was surrendered."

I can't believe that that's his idea of a helpful explanation.


http://investorshub.advfn.com/boards/read_msg.aspx?message_id=134817070

I'm incapable of interpreting what Berman said. I don't know him well enough. However, I do have an opinion about the wording.

The key message was: the Judge must decide whether, the prior USPTO's ruling, in favor of DECN, is relevant to this case or not.

Why the abstruse language? I don't know. My guess is that the press release was intended for the general public, and some others. Feeble guess? Yep, but that's the best I was able to come up with.