LOS ANGELES, April 21, 2015 /PRNewswire/ -- Decision
Diagnostics Corp. (OTC PINK: DECN), the manufacturer, quality plan
administrator and the exclusive worldwide sales, service and
regulatory processes agent for the popular GenStrip™ 50, the
FDA-cleared Green Alternative Strip, specifically designed to work
with the market leading Johnson & Johnson's LifeScan OneTouch
Ultra family of glucose testing meters, the most popular meter
worldwide for diabetic use, announced today that Johnson &
Johnson/Lifescan has requested an unscheduled Case Management
Conference in the U.S. District Court for the Northern District of
California. Pharma Tech announced
last week that the Solicitor General of the United States had noticed its intention to
intervene in support of Pharma Tech's legal arguments in that
recent Johnson & Johnson/Lifescan appeal. Transparently
responding to that Solicitor General announcement, Johnson &
Johnson/Lifescan has submitted a request for an unscheduled Case
Management Conference to supposedly identify a path to conflict
resolution. In actuality, it represents an overt effort to
precipitate the court's final appeal ruling and to preclude the
hearing of the evidence in the resultant anti-trust litigation.
Keith Berman, Principal Executive
Officer of Decision Diagnostics, commented, "Apparently our recent
Solicitor General announcement has forced Johnson &
Johnson/Lifescan to fully embrace the inevitability of losing the
'105 patent, and with it the totality of their questionable patent
infringement case. The upcoming Appeals Court decision on the
Johnson & Johnson/Lifescan foundational patent would
necessarily shatter their blood glucose test strip franchise
monopoly, and also dramatically introduce the now-likely profound
implications of a pending financial judgment and possible punitive
damages emanating from their egregious behavior. The rash and
panicked request to the courts to permit a Case Management
Conference clearly suggests that they now anticipate the eventual
ramifications of their actions. It also strongly suggests that they
are anxious to keep the case evidence and the appellate court's
decision from a jury's scrutiny and evaluation.
The motion for an unscheduled Case Management Conference to
resolve the case has been filed in an obvious attempt to salvage
hope from its successive sustained and expected losses. Not
surprisingly, it has been introduced to the sole court to afford
Johnson & Johnson/Lifescan any support at all in this
44-month-old case, in a transparent attempt to manipulate that
court into forcing Pharma Tech's participation into yet another
mandated mediation and to lay the foundation for a summary judgment
claim. This desperate effort to position for summary judgment
- a case that has been stayed by the courts for almost two
years before any facts have been put into evidence, any discovery
begun or any expert witness deposed or examined - has been
assessed by legal experts to have a remote probability for
success.
Mr. Berman concluded, "Johnson & Johnson/Lifescan has
elected to file the legal equivalent of the final seconds 'Hail
Mary Pass.' Facing imminent catastrophic patent losses
that would profoundly impact the monopoly that they oversee, this
motion is designed to divert attention from the facts of the case
and shift focus towards another unnecessary mediation and their
eventual filing of a summary judgment that will unmistakably add to
their long list of legal failures. It is unfortunate that this case
has devolved into a series of rash and emotional responses. If
Johnson & Johnson/Lifescan had behaved professionally and
appropriately, they would not now be facing the appropriate justice
emanating from their actions."
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 the Pharma Tech GenStrip™ 50,
please visit the company's Web Sites:
http://www.decisiondiagnostics.com or
http://www.pharmatechdirect.com or
http://www.new-genstrip.com.
GenStrip™ 50 test strips are a product of Pharma Tech Solutions,
Inc., 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.
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SOURCE Decision Diagnostics Corp.