DECN and Pharma Tech Solutions Receive Anticipated Ruling from the U.S. Federal Circuit Court of Appeals, Reversing a Ruling ...
November 05 2013 - 8:15AM
Access Wire
Washington DC Appeals Court Overturns California Judge in
Lynchpin J&J/Lifescan Patent Suit, Citing the Doctrine of
Patent Exhaustion
Los Angeles, CA - (Accesswire - November 5, 2013) -
Decision Diagnostics Corp. (OTCBB: DECN), the exclusive worldwide
sales, service and regulatory processes agent for the popular
Shasta GenStrip™, the unique Green Glucose Test Strip,
specifically designed to work with the Johnson & Johnson's
(NYSE: JNJ) LifeScan Ultra family of glucose testing meters,
today announced that the U.S. Circuit Court for Federal Claims has
sustained the company's appeal, reversed the ruling made in
late March 2013 by a District Court judge in
Northern California, removed the previously stayed Preliminary
Injunction and most importantly ruled that the
J&J/Lifescan patent rights (under patent 7,250,105)
were subject to the doctrine of patent exhaustion because the
J&J/Lifescan glucose testing meters substantially embodied
the invention, citing the Supreme Court's decision in Quanta
Computers, Inc. vs. LG Electronics Inc. (2008).
Keith Berman, Principal Executive Officer of Decision
Diagnostics, commented, "The Circuit Court's ruling, reversed a
lower court ruling (Northern California) and has put to rest a
substantial part of J&J/Lifescan's lawsuit. We are
delighted with the ruling. With this court decision, our company
can move forward and complete the branding of our Genstrip. By all
estimation, November 4 is a seminal day in DECN's history. We will
have more to discuss about other aspects of this ruling and
ancillary issues in the coming days."
DECN is a leading provider of prescription and non-prescription
diagnostics, home testing products for the chronically ill and a
premier developer of revolutionary cell phone centric e-health
products and technologies. DECN's FDA cleared Shasta GenStrip™
product was first introduced to the market in late 2012 as a lower
cost (50%) glucose test strip alternative for user/owners of
Johnson and Johnson LifeScan OneTouch® Ultra®,
Ultra2® and Ultra Mini® glucose mete.
Forward-Looking Statements:
This release contains forward-looking statements about our
business or financial condition that reflect our assumptions and
beliefs based on information currently available. We can give no
assurance that the expectations indicated by such forward-looking
statements will be realized. There may be other risks and
circumstances that we are unable to predict. When used in this
release, words such as "believes," "expects," "forecasts,"
"intends," "projects," "plans," "anticipates," "estimates," "will"
and similar expressions are intended to identify forward-looking
statements, although there may be certain statements not
accompanied by such expressions.
For further information about Shasta GenStrip, please visit the
company's Web Sites: http://www.decisiondiagnostics.com/ or
http://www.shastagenstrip.com/. The company also reminds all
interested parties that the airing of its commercial video titled
"GenStrip: A Patchwork of Life began on November 1 and will
continue. And in the meantime the extremely popular video is
available for viewing at: http://shastagenstrip.com/shasta_ad.html
or http://youtu.be/zzBuHxb-rlM.
GenStrip™ test strips are a product of Shasta
Technologies, LLC and are not manufactured, distributed, endorsed,
or approved by nor associated with LifeScan®, Inc. a Johnson
& Johnson® Company, manufacturers and distributors of the
OneTouch® Ultra® Family of Meters and
OneTouch® Ultra® test strips.
Contact:
Decision Diagnostics Corp.
Keith Berman
(805) 446-2973
info@decisiondiagnostics.com
Decision Diagnostics (CE) (USOTC:DECN)
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