Decision Diagnostics Corp (DECN)

[tjshooker]

Interesting article, thanks.
IMO, the article seems a touch contradicting, but so is most of the law in this great country.

LifeScan meters are for sale on Amazon, etc. How then are they sold at a "reduced" rate if they are "given" to doctors?
If I give someone something for free, and then charge someone else $1 for the exact same thing that I just gave out for free, HOW IS THAT SELLING AT A REDUCED RATE???

LifeScan receives no remuneration at the moment it parts with the patented invention.

Nor do I receive remuneration "at the moment" I complete a task at work. But I do eventually get paid for my services. I am sure the meters that are sold have revenues going back to LifeScan.

IMO, It seems this case is all about the use of the meter. I would assume the strips do not have a separate patent, or that would be the case. My interpretation of the exhaustion doctrine; if you buy an item (i.e. meter) you are now free to use it how and with what other complementary/competitor products you want.
If Lifescan prevents other competing, non-infringing strips from being available, then antitrust comes in.

And here is my favorite part from the article;

patent rights should not be lost merely because of a novel distribution system, one that is likely pro-competitive

I guess the author missed the part where LifeScan was suing a potential competitor.
And I guess he thinks a "novel distribution system" is not privy to the Sherman Antitrust Act?