DECN Decision Diagnostics Corporation (CE)

COURT DECIDES AFTER 10 MONTHS TO MODIFY THE SEMINAL LEGAL QUESTION AT ISSUE, THEREBY HANDING J&J AN EASY VICTORY THEY DO NOT DESERVE AND HAVE NOT EARNED

Los Angeles, CA -- October 30, 2018 -- InvestorsHub NewsWire -- Decision Diagnostics Corp. (OTC PINK: DECN) is a 16 year old, diabetes-focused bio-technology R&D 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 internationally launched GenSure! ("Feather") diabetes test strip, and the clinical trial in process GenChoice! ("Ladybug").  The company also markets the 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, the imminently ready PetUltimate! Test strip and Avantage! meter set for commercial launch in November 2018, and the panacea GenPrecis! ("Dragonfly") diabetes testing system, ready for clinical trials.

Last week DECH found itself on the wrong side of an inaccurate and unfair ruling by the Nevada Federal District Court in its long running patent battle with industry giant Johnson & Johnson (J&J). Specifically, the Court modified the questions at issue 10 months after the conclusion of the briefings and oral arguments.  Rather than directing his ruling to the "equivalent" (which in DECN’s case is the J&J/LifeScan system), the Court instead directed its ruling to the system claimed in DECN’s patents.  More specifically, the Court misrepresented DECN’s principal arguments with its ruling by mistakenly comparing DECN’s patented system to itself and ignoring J&J’s infringing system and the basis for DECN’s lawsuit. 

Keith Berman, CEO of DECN, commented, “We are obviously  disappointed by the ruling, However, upon analysis it appears that the trial judge’s ruling ignored the entirety of DECN’s principal arguments and handed J&J a victory, by incorrectly ruling that DECN made claims in its pleadings and arguments about its system and patents, that are wrong.  The judge’s ruling ignored a comparison between the accused (J&J) system and our system, and instead incorrectly compared our patented system to itself. 

Mr. Berman continued, “Although egregious in itself, this Court also short circuited DECN’s right to bring a false advertising claim in this action.  J&J’s Chairman, who had extensively discussed the workings of J&J’s system in public forums and in the media, represented that J&J’s system operated in a manner that if he were taken at his word, infringed DECN’s patented system; a clear confession of guilt to patent infringement. However, in their lawsuit defense, J&J  argued that their Chairman,“misspoke”. If this is true, then J&J’s Chairman misspoke numerous times over an extended period, and was never corrected by his staff.  J&J cannot have it both ways.  Either their OneTouch Ultra system is the equivalent to ours, which we believe to be true, or the J&J Chairman’s public statements constitute false advertising.”

In the upcoming appeal, DECN will argue the highly erroneous nature of the Court’s unacceptably misstated "tangential exception" question. That being said, the act of comparing DECN’s system to itself was not the worst part of the trial judge’s ruling.  When the trial judge ordered the court clerk to dismiss the lawsuit with prejudice, that act also foreclosed DECN’s ability to bring a false advertising claim against J&J in this case.  The record in this lawsuit strongly suggests that J&J engaged in false advertising on the part of J&J’s Chairman who made numerous public statements to audiences that had the effect of describing in detail DECN’s patented system.  The Court improperly foreclosed DECN’s ability to seek justice for J&J’s false advertising in this lawsuit, perhaps through a constitutional remedy.
 

Mr. Berman concluded, “We firmly believe that the Federal Circuit will easily follow our arguments, quickly conclude that the court's rulings should be reversed and that DECN will proceed with and prevail in its patent infringement and forthcoming false advertising claims. We intend for file our appeal quickly, but while the appeal is being fully researched and drafted, the company and its counsels will investigate whether the court actions rise to constitutional issues that need be addressed. The company plans a more detailed update as soon as the appeal is filed.”

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 $12 billion at-home testing market.

Forward-Looking Statements:
This release contains the company's forward-looking statements which are based on management's current expectations and assumptions as of October 29, 2018, 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 INFORMATION:
Decision Diagnostics Corp.         
Keith Berman (805) 446-2973    
info@decisiondiagnostics.com
www.genultimate.com
www.petsureteststrips.com
www.pharmatechdirect.com

SOURCE: Decision Diagnostics Corp.
 

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