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Decision Diagnostics Wins Federal Appeals Court Victory

Vivien Diniz
Jan. 21, 2016 10:07AM PST
Pharmaceutical Investing

Decision Diagnostics Corp. (OTCPINK:DECN), announced that the United States Court of Appeals for the Federal Circuit has affirmed the Final Ruling of the USPTO court.

Decision Diagnostics Corp. (OTCPINK:DECN), announced that the United States Court of Appeals for the Federal Circuit has affirmed the Final Ruling of the USPTO court, calling an end to an almost three year challenge brought by the company’s Pharma Tech Solutions, Inc. subsidiary against Lifescan Scotland Ltd.
 
According to the company’s press release:

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.

Keith Berman Director, CFO and Secretary of Decision Diagnostics, commented:

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.
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.

Click here to view the full press release. 

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