Washington DC Appeals Court Overturns California Judge in Lynchpin J&J/Lifescan Patent Suit, Citing the Doctrine of Patent Exhaustion
Los Angeles, CA - (Accesswire - November 5, 2013) - Decision Diagnostics Corp. (DECN), the exclusive worldwide sales, service and regulatory processes agent for the popular Shasta GenStrip™, the unique Green Glucose Test Strip, specifically designed to work with the Johnson & Johnson's (NYSE:JNJ) LifeScan Ultra family of glucose testing meters, today announced that the U.S. Circuit Court for Federal Claims has sustained the company's appeal, reversed the ruling made in late March 2013 by a District Court judge in Northern California, removed the previously stayed Preliminary Injunction and most importantly ruled that the J&J/Lifescan patent rights (under patent 7,250,105) were subject to the doctrine of patent exhaustion because the J&J/Lifescan glucose testing meters substantially embodied the invention, citing the Supreme Court's decision in Quanta Computers, Inc. vs. LG Electronics Inc. (2008).
Keith Berman, Principal Executive Officer of Decision Diagnostics, commented, "The Circuit Court's ruling, reversed a lower court ruling (Northern California) and has put to rest a substantial part of J&J/Lifescan's lawsuit. We are delighted with the ruling. With this court decision, our company can move forward and complete the branding of our Genstrip. By all estimation, November 4 is a seminal day 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 Shasta 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 mete.
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 Shasta GenStrip, please visit the company's Web Sites: http://www.decisiondiagnostics.com/ or http://www.shastagenstrip.com/. The company also reminds all interested parties that the airing of its commercial video titled "GenStrip: A Patchwork of Life began on November 1 and will continue. And in the meantime the extremely popular video is available for viewing at: http://shastagenstrip.com/shasta_ad.html or http://youtu.be/zzBuHxb-rlM.
GenStrip™ test strips are a product of Shasta Technologies, LLC 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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