Decision Diagnostics States Johnson & Johnson Division Offers Partial Surrender in Long Running Patent Battle


May 19, 2015, 09:20 ET from Decision Diagnostics Corp.

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:

  1. All of LifeScan's lawsuit claims related to their '247 patent
  2. All of LifeScan's lawsuit claims for monetary damages based on infringement related to their '862 patent
  3. 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.


Decision Diagnostics Corp.
Keith Berman
(805) 446-2973


SOURCE Decision Diagnostics Corp.