LOS ANGELES, CA -- (Marketwired) -- 08/11/14 -- Decision Diagnostics Corp. (PINKSHEETS: DECN), the manufacturer of an exclusive worldwide sales, service and regulatory processes agent for its popular GenStrip glucose test strip, specifically designed to work with Johnson & Johnson's LifeScan Ultra family of glucose testing meters, announced today that on August 6, 2014, the United States Patent and Trademark Office, Patent Trial and Appeal Board has sustained, in a final ruling, the company's challenge to Johnson & Johnson Lifescan's Patent 7,250,105, specifically "claims 1-3 ... for obviousness, ... by a preponderance of the evidence." These three claims are used by J&J Lifescan as the foundation of their patent infringement lawsuit against DECN and Pharma Tech. The USPTO Judge Panel has ruled these claims as "unpatentable."
The August 6, 2014 ruling marks the third ruling by a higher court on this same J&J Lifescan Patent. Previously in August 2013, in a preliminary ruling, the same USPTO three judge panel determined "that Pharmatech has demonstrated that there is a reasonable likelihood of its proving the unpatentability of claims 1-3 of the '105 patent by a preponderance of the evidence.' In November 2013 the Federal Circuit Court, reversed an earlier ruling made in late March 2013 by a District Court judge in Northern California, and ruled that the J&J Lifescan patent rights (under patent 7,250,105) were subject to the doctrine of patent exhaustion.
Keith Berman, Principal Executive Officer of Decision Diagnostics, commented, "The USPTO Patent Trial and Appeal Board's ruling along with the November 2013 Circuit Court's ruling, has put to rest significant parts of J&J Lifescan's lawsuit. We are delighted with this most recent ruling. We plan to continue our march forward without the distractions of frivolous lawsuits that have been used to create barriers of entry to a free market. By all estimation, August 6, 2014 and November 4, 2013 are seminal days in DECN's history. We will have more to discuss about other aspects of this ruling and ancillary issues in the coming days."
DECN is a leading provider of prescription and non-prescription diagnostics, home testing products for the chronically ill and a premier developer of revolutionary cell phone centric e-health products and technologies. DECN's FDA cleared GenStrip product was first introduced to the market in late 2012 as a lower cost (50%) glucose test strip alternative for user/owners of Johnson and Johnson LifeScan OneTouch® Ultra®, Ultra2® and Ultra Mini® glucose meters. Our cost advantage is now over 70% vs. the brand name product.
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 GenStrip, please visit the company's Web Site, http://www.new-genstrip.com. For more information about how GenStrip is changing the diabetes testing market, please visit http://www.pharmatechdirect.com, and for more information about the seminal court rulings, please review http://www.decisiondiagnostics.com/news.html.
GenStrip 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.