Lifescan Scotland vs. Decision Diagnostics (InstaCare)
The following was posted on the DECN/ISCR message board by the majority shareholder of DECN/ISCR. Anyone care to comment?
"I attended the infamous hearing in February and there was a pregnant moment in that hearing where the judge asked the J&J lawyer if DECN was shipping Genstrip. I was instead focused on the 3 court clerks who were furiously taking notes.
I found the judge's question to be addressed to the wrong party and I remember thinking right then that the judge had already made up his mind, even before it was time for DECN's lawyer to make their case, who didn't begin their arguments until about 45 minutes later.
3 other things I found very strange. #1: J&J's lawyer began his argument at the hearing with the first words out of his mouth being "I know what my opponent is going to say, and I am here to tell you judge they are wrong." I thought that was amateurish and a low blow, because there was no way J&J's lawyer knew what DECN's lawyer was going to say but convinced the judge he did.
#2: J&J shouted at the judge, "judge if you don't grant this injunction and stop sales of Genstrip, 4000 people in your district will lose their jobs and that your honor will be on your back." DECN's lawyer objected and the judge over-ruled. Why would the judge over-rule his own put-down from J&J? And I later read on J&J's web site that the Lifescan J&J division employs 2500 people worldwide.
#3: J&J was also allowed to make a separate closing argument, DECN was not. In J&J's closing argument they told the judge that they thought he would be justified in granting J&J a monopoly position because they had spent millions if not billions to create their market, all money spent in the Bay Area, and that it was unwise to allow DECN to break the monopoly and save the healthcare system money. That was a lie and the judge knew it. J&J Lifescan is an acquired company from Scotland."