Company’s Confidence Grows On The Back Of Recent Rulings And Court Room Events Strengthening An Already Strong Case With Huge Settlement Potential
LOS ANGELES, CA / ACCESSWIRE / October 24, 2019 / Decision Diagnostics Corp. (OTC PINK:DECN) is a 17-year old, diabetes-focused bio-technology development firm, manufacturer, quality plan administrator, FDA registered medical device customer support organization, and exclusive worldwide sales and regulatory process agent for the GenUltimate! (“Sunshine”) diabetes test strip, the GenSure! (“Feather”) diabetes test strip for International markets, and its GenChoice! (“Ladybug”) test strip now in FDA 510(k) prosecution. The company also markets its PetSure! test strip for the diabetic testing of dogs and cats, a diagnostic specifically designed to run on the market leading Zoetis Alpha Trak meter system and the GenUltimate! 4Pets Test strip and Avantage! meter a proprietary testing product for dogs, cats and horses, and the panacea GenUltimate! TBG (“Dragonfly”) diabetes testing system, now awaiting a clinical trial slot in Korea, expected in November 2019.
DECN announces today that on October 2, 2019 its lawyers from the firm of Fox Rothschild, argued the most important case in the company’s history in front of a three judge panel in the Court of Appeals for the Federal Circuit (the patent dispute court). Opposing the company in front of the three judges was lawyers hired for this matter by long time antagonist Johnson & Johnson. This hearing marked the third time DECN and J&J did battle in this high court. DECN emerged totally victorious in the two previous cases previously heard in this court, one time earning a Precedential ruling where new law was made.
Keith Berman, CEO of DECN commented, “Despite many delays and roadblocks, we finally secured our day in court. The Appeals Court for the Federal Circuit is the highest court in the U.S. system that hears all disputes and matters involving patents. The Federal Circuit sits just below the U.S. Supreme Court.
Much of the misinformation and several of the rulings that the company has dealt with in the lower courts just do not hold purchase in the Federal Circuit. While we remain extremely optimistic, and even though we have fought J&J tooth and nail for over 8 years, we are also realistic. Winning this case will change many things, but it is just not like us to spend money from a settlement we have not yet achieved. So, the Board of Directors views any settlement as “found money” as our Board directs the company to continue pursuit of our aggressive business objectives.”
Mr. Berman concluded, “J&J’s position is that the tortured ruling that came out of an abbreviated legal process in the Nevada District Court should be allowed to stand. However, a victory in the Federal Circuit Court should have a cascading effect on DECN, changing the dynamics of DECN’s go forward business, especially with the proposed licensing of the company’s GenUltimate TBG technology. While the judge panel did not rule from the bench at the conclusion of the oral arguments, the judge panel did take the case under advisement. Courts are real-life examples of human interactions and for those who attended the hearing, and those who listened to the hearing through a recording of the process, the lietener has the opportunity to evaluate the questions posed by the judges during the hearing, as well as how the lawyers for both DECN and J&J responded to the panel’s questions. I was proud of the performance by DECN’s skilled patent lawyers. The last part of the hearing was particularly surprising. October 2 was definitely a “stay tuned” moment in the company’s history.”
ABOUT DECISION DIAGNOSTICS CORP
Decision Diagnostics Corp. is the leading manufacturer and worldwide distributor of diabetic test strips engineered to operate on legacy glucose meters. DECN’s products are designed to operate efficiently and less expensively on certain glucose meters already in use by almost 7.5 million diabetics worldwide. With new inspired technology diabetic test strips already in the final stages of development, DECN products compete on a worldwide scale with legacy manufacturers currently selling to 71+ percent of a $15+ billion at-home testing market. The company’s GenUltimate TBG product is not yet available for sale in the United States or Puerto Rico but is expected to go on sale in select International markets in January 2020.
This release contains the company’s forward-looking statements which are based on management’s current expectations and assumptions as of October 23, 2019, 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.
SOURCE: Decision Diagnostics Corp.
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