J&J also agreed to pay a cash sum to Pharma Tech in consideration for Pharma Tech's agreement to vacate all claims made in its Anti-trust litigation.
This proposed settlement is entirely independent of Pharma Tech's claims of patent infringement filed recently against J&J that will be adjudicated in the Nevada Federal District court. Additional information related to this prospective settlement will be shared in upcoming communications.
PRESS RELEASEDecision Diagnostics Nears Positive Ending of Its California Patent and Trademark Infringement Litigation With Divisions of Johnson + Johnson
Published: May 12, 2016 9:20 a.m. ET
LOS ANGELES, CA, May 12, 2016 (Marketwired via COMTEX) -- LOS ANGELES, CA--(Marketwired - May 12, 2016) - Decision Diagnostics Corp. (otc pink:DECN), the manufacturer, quality plan administrator and the exclusive worldwide sales, service and regulatory processes agent for GenStrip™ 50 and the GenUltimate!™ glucose test strips, both designed to work with the market leading Johnson & Johnson's ("J&J") LifeScan OneTouch Ultra family of glucose testing meters, and the in-development GenSure!™ and GenChoice!™ glucose test strips targeted to the U.S. and/or developing world markets, today reports two consequential updates in its nearly five year legal battle with two divisions of pharmaceutical industry giant Johnson + Johnson, who in September 2011 began a series of lawsuits based on false, and as ultimately demonstrated, frivolous legal allegations of patent and trademark infringement.
On January 6, 2016 the US Court of Appeals for the Federal Circuit affirmed with the three Appeals Court justices upholding the USPTO court's rejection of the foundational J&J patent that formed the basis for allegations of infringement filed and prosecuted against Pharma Tech. The Federal Circuit's ruling was issued via a Rule 36 decision. That ruling effectively and finally terminated the validity of any J&J patentability claims to their U.S. Patent Number 7,250,105 ('105). In an obvious attempt to insincerely extend the now porous umbrella of protection for the '105 patent, J&J petitioned the court for a judicial rehearing or en banc review of the court's decision. The Federal Circuit Court announced on May 10, 2016 that the polling of its entire panel of judges resulted in a unanimous rejection of the J&J petition. The impact of this rejection renders any J&J claims of patentability to the '105 patent null and void.
Secondly, in early March 2016 the district court judge in the three cases still active in the San Francisco Federal court, ordered J&J and Pharma Tech to participate in mandatory mediation to resolve all patent and trademark infringement litigation filed by J&J against Pharm Tech Solutions. Those mediation sessions were held on April 26, 2016 and conducted by the Chief Magistrate of the Federal District Court. The mediation concluded with the parties agreeing in principle to terms that would dismiss all litigation by J&J against the company. J&J also agreed to pay a cash sum to Pharma Tech in consideration for Pharma Tech's agreement to vacate all claims made in its Anti-trust litigation. The company continues to discuss the content and tenets of a formal settlement agreement. This proposed settlement is entirely independent of Pharma Tech's claims of patent infringement filed recently against J&J that will be adjudicated in the Nevada Federal District court. Additional information related to this prospective settlement will be shared in upcoming communications.
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Forward-Looking Statements: This release contains the Company's forward-looking statements which are based on management's current expectations and assumptions as of April 14, 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.
CONTACT INFORMATION Decision Diagnostics Corp. Keith Berman (805) 446-2973 info@decisiondiagnostics.com www.decisiondiagnostics.com www.pharmatechdirect.com
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