LOS ANGELES, May 19, 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 Glucose Test Strip, specifically designed to work
with the market leading Johnson & Johnson's LifeScan OneTouch
Ultra family of glucose testing meters, today announced that the
company was approached on May 12,
2015 by the Lifescan division of health industry giant
Johnson & Johnson for the company's stipulation to
Lifescan/J&J's offer to agree to a dismissal of several
critical counts in the long running patent infringement suit
between the parties. Lifescan/J&J's offer included that
their lawsuit counts listed below each be DISMISSED WITH
PREJUDICE:
- All of LifeScan's lawsuit claims related to their '247
patent
- All of LifeScan's lawsuit claims for monetary damages based on
infringement related to their '862 patent
- All of LifeScan's lawsuit claims for monetary damages based on
their Lanham Act lawsuit
Lifescan/J&J in 2011 filed suit claiming infringement
against several patents well in advance of the product introduction
of the company's GenStrip, Pharma Tech's blood glucose test strip.
That suit and a demand for an injunction against product sale,
effectively limited Pharma Tech from competing against
Lifescan/J&J's blood glucose test strip monopoly.
Lifescan/J&J has continued to prosecute its frivolous claims of
infringement by manipulating the United
States legal system to prevent the diabetic patient
population from purchasing GenStrip, a superior and significantly
(80%) less expensive mechanism for diabetes testing.
Desperate to extend an illegal product monopoly, their appeals
have been filed on such shallow legal premises that the United
States Solicitor General has issued notice that it will join Pharma
Tech's attorneys in their opposition to the most recent Lifescan
J&J appeal in the United
States Court of Appeals for the Federal Circuit (the patent
Appeals Court).
Keith Berman, Principal Executive
of the company commented, "This battle has been waged for almost
four years. As we have repeatedly stated, we are
winning. J&J has been regularly and roundly defeated in
their attempts to keep GenStrip from the market. They are now fully
aware that they shortly face the undeniable inevitability that they
will no longer be able to hold the diabetic public hostage with an
expensive and inferior product. The courts will first deny all of
their claims of infringement and then they will face marketplace
humiliation when a jury awards punitive damages for their egregious
behavior and actions.
The Lifescan/J&J attacks from the outset have been
characterized by blatant misstatements to the courts, personal
accusations, threats and testimony from fraudulent experts. As an
entity, they have consistently embraced any tactic regardless of
legitimacy, ethics or accuracy. Despite the incalculable legal
resources they have allocated to the protection of their
$3 billion dollar worldwide cash
perennial, Pharma Tech has legally and honestly weathered every
storm and parried each attack. For several years the courts have
consistently, specifically and overwhelmingly ruled that GenStrip
does not, and never did, infringe on any of the Lifescan/J&J
patents."
Mr. Berman continued, "The Company's Pharma Tech subsidiary has
overcome the incredibly long odds of engaging a mammoth entity in
the courts of law. We understood from the outset the magnitude of
that challenge but firmly embraced the principle that money and
mass should not elevate any company above the law. Following our
repeated victories and with the conclusion at hand,
Lifescan/J&J has now approached us for cooperation in
dismissing some of their illegitimate accusations. After several
years and substantial investment, this company will not now, nor
will it ever, agree to cooperate with Lifescan/ J&J to freely
dismiss any fraudulent allegations. REQUEST DENIED."
Forward-Looking Statements:
This release contains the Company's forward-looking
statements which are based on management's current expectations
and assumptions as of May 19, 2015,
regarding the Company's business and performance, its prospects,
current factors, the economy and other future conditions and
forecasts of future events, circumstances and results.
Contact:
Decision Diagnostics Corp.
Keith Berman
(805) 446-2973
info@decisiondiagnostics.com
www.decisiondiagnostics.com
www.pharmatechdirect.com
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SOURCE Decision Diagnostics Corp.