LOS ANGELES, CA--(Marketwired - Jan 21, 2016) - 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 United States Court of Appeals for the Federal Circuit has affirmed the Final Ruling of the USPTO court, bringing an end to a nearly three year challenge brought by the company's Pharma Tech Solutions, Inc. subsidiary against Lifescan Scotland Ltd. The company brought its action in 2013, disputing the patentability of claims 1-3 in U.S. Patent No. 7,250,105. The company won a Final Ruling in August 2014 "by a preponderance of the evidence" in a USPTO court process. The Federal Circuit's unanimous rejection of Lifescan's appellate motions through a Rule 36 summary affirmation unambiguously denies their petition and mitigates further legal challenge.
The Federal Circuit Rule 36 permits the Circuit Court to dispose of legal challenges without the necessity of a written legal opinion. These rulings are rendered when the decision has no precedential value and when the lower court rulings are adjudged to be correct. Rule 36 rulings are very rarely challenged or appealed.
Keith Berman Director, CFO and Secretary of Decision Diagnostics, stated, "The Circuit Court has again and finally affirmed the legal position that we originally took nearly three years ago. They have now definitively and adamantly denied J&J/Lifescan's claims regarding U.S. Patent No. 7,250,105, which also mitigates J&J/Lifescan's assertions of patent infringement against us. In rendering this ruling, the Circuit Court has now entirely vindicated all of our prior actions and processes."
Mr. Berman concluded, "We intend a comprehensive update in the next several days discussing these matters and their implications for our company. In the meantime we wish to emphasize that we have now won this war and won it conclusively."
Today's Federal Circuit ruling can be found at:
This release contains the Company's forward-looking statements which are based on management's current expectations and assumptions as of January 20, 2016, 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.