SOURCE: Decision Diagnostics Corp.

Decision Diagnostics Corp.

January 14, 2015 09:20 ET

DECN Plans New Legal Challenge After LifeScan (J&J) Admits to Using Sworn Testimony From Expert With Falsified Credentials

Upcoming Challenge Marks New Turning Point in Case Over (J&J's 7,250,105) Patent That Courts Have Since Ruled Should Not Have Been Granted and Cannot Be Used

LOS ANGELES, CA--(Marketwired - Jan 14, 2015) - 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 Ultra family of glucose testing meters, today announced that on December 19, 2014, the company and its subsidiary Pharma Tech Solutions were notified through a letter addressed to the District Court Northern District of California and authored by the lead counsel for Lifescan Inc. (Johnson & Johnson) and LifeScan Scotland, Ltd. (Lifescan) that the primary expert witness they had engaged to provide two separate expert opinions and declarations on LifeScan's behalf has been revealed to have falsified his credentials. 

Richard Gering of Wilkes-Barre, PA, was presented by Lifescan to the U.S. District Court for the Northern District of California as Dr. Richard Gering, Ph.D., a learned expert in economics, business evaluation and statistical analysis. Mr. Gering's expert declarations have played critical roles in both ascertaining the value of the court bond related to the 2013 preliminary injunction, and in convincing the court not to sanction Lifescan for lost sales associated with its violation of an earlier court order. His testimony, in each instance, was embraced by the court and the trial judge, the Honorable Edward Davila, and formed the basis for those rulings and subsequent actions that have damaged Pharma Tech's viability, legitimacy and commercialization capability from March 2013 through the present.

Through this letter to the court, Lifescan has now confessed, eighteen months after the given testimony, that their expert Ph.D witness does not now, nor has he ever, held a Ph.D. They further state that he has now been terminated and they will not use his services in the future.

Keith Berman, Principal Executive officer of Decision Diagnostics stated: "This revelation, although highly disturbing, is not surprising. These types of tactics have been consistently employed against us from the outset of our efforts to bring Genstrip, a legitimate and vital product, to market; a product that, not coincidentally, happens to successfully compete with a Lifescan brand. Apparently any action, regardless of the ethics or legality, is acceptable to the Lifescan Inc., division of Johnson & Johnson, in an effort to protect their franchise."

Since finally receiving Lifescan's admission, PharmaTech has initiated an independent investigation of Richard Gering, the Lifescan expert witness. Although in its early stages, this investigation has already suggested multiple other questions of veracity with their expert witness and his history, including the possible appearance of multiple identities. Those issues will be publically announced upon completion of the inquiries.

Mr. Berman continued, "The question that continues to be raised from both inside and outside our company is, how could a Fortune 100 corporation, the magnitude of J&J/Lifescan, not have known that their contracted expert witness had wildly falsified his educational credentials; particularly since his now suspect testimony manipulated the District Court and directly contributed to Lifescan's court victories.

"Although we cannot offer a definitive answer to that question at this time, we intend to do so. When it is ascertained, that answer will be presented to the court and to our shareholders."

Forward-Looking Statements:

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 the Pharma Tech GenStrip, please visit the company's Web Sites: http://www.decisiondiagnostics.com or http://www.new-genstrip.com.

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.

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