Posted On: 12/27/2016 1:14:04 PM
Post# of 273254
Decision Diagnostics Corp. $DECN News
Last updated 12/27/2016 - 0.099
DECN Increases Manufacturing Capacity, Opens International Markets for Popular GenUltimate!
Dec 01, 2016
OTC Disclosure & News Service
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DECN Increases Manufacturing Capacity, Opens International Markets for Popular GenUltimate!
COMPANY INCREASES MONTHLY FACTORY OUTPUT TO 620,000 UNITS, SCHEDULES LARGE SHIPMENTS ON $17.2 MILLION IN INTERNATIONAL ORDERS RECEIVED
PR Newswire
LOS ANGELES, Dec. 1, 2016
LOS ANGELES, Dec. 1, 2016 /PRNewswire/ -- Decision Diagnostics Corp. (OTC PINK: DECN), the manufacturer, quality plan administrator and the exclusive worldwide sales, service and regulatory processes agent for the GenUltimate!™ glucose test strip, 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 conveys recent marketing plan advancements, increases in manufacturing capabilities, and new international distributor additions.
Since the landmark conclusion of the successful litigation defense to the imaginary patent infringement allegations filed by J&J, the company has focused its energies and resources towards the precise execution of its formal marketing plan. Several recent communications to its shareholders and the broader investment community were highlighted by the pursuit and completion of the initial phase of that Plan. Hundreds of on-line retail merchandising venues had been added and through which Gen family of test strip revenue had begun flowing. That successful tactical campaign continues to increase distribution point locations and expand individual location footprint. In anticipation of this accelerated demand, factory capacity has been increased by the Pennsylvania and the South Korea contract manufacturers to 620,000 GenUltimate! units per month.
Concurrent to that on-line escalation, the company initiated the second chapter of its detailed Plan with the targeting and contracting of a global network of international distributors. That network remains in development and its conclusion is not shortly expected, however, initial progress has yielded short term positive accomplishments; two of which the company would like to share with its loyal shareholders:
Uni-Care Corp
Seoul, South Korea
Macre Diagnosis S.R.L.
Santa Cruz, Bolivia
Keith Berman, PEO of Decision Diagnostics commented, "It is gratifying and highly appropriate that immediately following the Thanksgiving holiday we are in a position to update our shareholders and the entire investment community regarding the continuation of our efforts to execute our marketing plan, and to communicate the initial fruits of those tactical endeavors. We are all thankful for the loyalty of our investors and the support of our customers."
The Company has contracted Uni-Care Corp to exclusively distribute the Gen family of test strips to the Republic of South Korea, China and the Philippines. Uni-Care has activated the arrangement with the submission of an initial stocking purchase order for approximately 40,000 pieces of GenUltimate! test strips to be shipped immediately following the product's registration with South Korea's KFDA regulatory agency, expected in early December. Additional stocking orders are expected from sub-distributors in China and the Philippines. The Uni-Care Exclusive Distribution Agreement requires the annual purchase of a minimum of 250,000 GenUltimate! units in the next 12 months.
Macre Diagnostics S.R.L. has become the company's distributor to multiple countries in South America. Macre, located in Santa Cruz, Bolivia has secured its regulatory approvals and has placed an initial opening order for 10,800 pieces of GenUltimate! with a 12 month cumulative order for 2,850,000 units of GenUltimate!
Forward-Looking Statements:
This release contains the Company's forward-looking statements which are based on management's current expectations and assumptions as of November 29, 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.genultimate.com
www.decisiondiagnostics.com
To view the original version on PR Newswire, visit:http://www.prnewswire.com/news-releases/decn-increases-manufacturing-capacity-opens-international-markets-for-popular-genultimate-300371333.html
SOURCE Decision Diagnostics Corp.
Copyright © 2016 PR Newswire. All Rights Reserved
The above news release has been provided by the above company via the OTC Disclosure and News Service. Issuers of news releases and not OTC Markets Group Inc. are solely responsible for the accuracy of such news releases.
DECN Litigation Victory Against Johnson + Johnson, Launches Foothold in On-Line Retail Markets for Its Popular "Gen" Products
Aug 23, 2016
OTC Disclosure & News Service
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DECN Litigation Victory Against Johnson + Johnson, Launches Foothold in On-Line Retail Markets for Its Popular "Gen" Products
LOS ANGELES, CA--(Marketwired - Aug 23, 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 conveys positive results from the execution of the marketing plan for the "Gen" family of glucose testing products.
Intrinsic to the attainment of the company's identified revenue goals was the attainment of a series of successfully executed tactics running both concurrently and, in some instances, consecutively. The central and initial hurdle was the complete defeat of J&J in its efforts to exclude our participation in a free and fair competitive marketplace. During the product market hiatus driven by that litigation, the company utilized the time and opportunity to prepare for a re-launch of Genstrip 50 while simultaneously developing a suite of new market additions, both in and out of the blood glucose test strip market segment. Those new line additions include GenUltimate!, currently sold in ever more market niches and other unique line expansions that will be formally introduced beginning with the fourth quarter of 2016.
Keith Berman, PEO and CFO of DECN, commented, "As relayed in prior communications, Decision Diagnostics and Pharma Tech engaged the lengthy J&J/Lifescan litigation battles solely to regain the right to legally sell the Genstrip 50 and its derivative products without restraint or intimidation. Now that those legal conflicts have been concluded with prejudice via the Federal courts as of May 20, 2016, we have enthusiastically begun implementing the marketing plan for our 'Gen' products. The first target in our post-litigation market strategy entailed the capture of new on-line retailer agreements and in some instances the re-capture of agreements we were forced to delay."
The company has been aggressively pursuing the on-line retailer market and, as a result of those efforts, the company's products can be immediately purchased at a multitude of on-line retailer locations including:
shop.onlineshopping2014.com/genultimate/
pandabearmd.com/2016/08/11/sale-genstrip50-test-strips-for-use-with-onetouch-ultra-meters-3-pack/
themedicalsuppliesstore.com/Genstrip50-Test-Strips-p/genstrip50-count.htm
diabeticdomain.com/product/pharmatech-genstrip50-test-strips-50ct/
us.nodiabetesxxl.com/?s=genstrip50&product_cat=test-strips&post_type=product
http://www.sears.com/search=genstrip
https://jet.com/search?term=genstrip%2050
http://www.ebay.com/sch/i.html?_odkw=genstrip...p;_sacat=0
http://www.ebay.com/sch/i.html?_odkw=genstrip...p;_sacat=0
https://www.amazon.com/s/ref=nb_sb_noss_2?url...&ajr=0
Mr. Berman concluded, "The Company lost considerable time and resources defending itself from the baseless legal attacks by J&J/Lifescan. It is liberating to now redirect our corporate focus on our primary tasks as a responsible business; selling our products, attaining earnings and driving share price. Our stockholders can anticipate several like communications regarding advances in this space with some of the largest global mass merchandisers, including one just signed as this release was written. It is gratifying to finally be able to take the consequential step of concluding agreements to offer our 'Gen' products through these major on-line portals. Implicit in the fulfillment of our marketing plan through these on-line retailers is a formal declaration of the company's reemergence and, we hope, the first of many like communications that document market share progression."
Forward-Looking Statements:
This release contains the Company's forward-looking statements which are based on management's current expectations and assumptions as of August 22, 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.genultimate.com
www.decisiondiagnostics.com
Copyright © 2016 Marketwired. All Rights Reserved
The above news release has been provided by the above company via the OTC Disclosure and News Service. Issuers of news releases and not OTC Markets Group Inc. are solely responsible for the accuracy of such news releases.
Decision Diagnostics Ends Plans and Communications With Tauriga Sciences, Inc. Concerning Possible Reverse Merger Transaction
Jul 01, 2016
OTC Disclosure & News Service
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Decision Diagnostics Ends Plans and Communications With Tauriga Sciences, Inc. Concerning Possible Reverse Merger Transaction
LOS ANGELES, CA--(Marketwired - Jul 1, 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 announced that Decision Diagnostics Corp., PharmaTech Solutions, Inc. (its subsidiary) and Keith Berman, PEO and CFO have formally severed all connection to and with Tauriga Sciences, Inc.
Keith Berman agreed to join the BOD of Tauriga Sciences on April 15, 2016 following consultation with the DECN board. Acceptance of the Board Director invitation from Tauriga was motivated by the prospect of executing an M&A Transaction and reverse merging into Tauriga; an offer that had been extended by the CEO of Tauriga Sciences.
As has been noted, Decision Diagnostic has been unable to properly file annual audited financial reports for 2014 and 2015 due to the incompetence and deceptions of its previously engaged auditing firm, LL Bradford and Co. ("Bradford" . Bradford's actions and misdeeds led to severe penalties, suspensions, fines and bans levied on it and its senior partners by the PCAOB, an agency of the U.S. SEC. Auditing firms that the company subsequently engaged have been unable to complete their audits due to the absent information that Bradford refused to convey, despite the PCAOB sanctions and the intervention of the Nevada State Board of Accountancy.
Tauriga Sciences, Inc. is a publicly traded corporation that exhibits no business activity, little revenue and no apparent product or service. DECN due diligence revealed Tauriga to effectively exist as a trading shell whose sole revenue objective appears to be limited to the prospect of a jury award from a successful prosecution of a lawsuit filed against its former auditor. Keith Berman was introduced to Tauriga by an investment banker. He became a member of the Tauriga BOD as a result of the offer made by the CEO Seth Shaw, to merge the companies. That alliance would have enabled DECN to satisfy all SEC dictates for becoming a fully compliant reporting corporation. In turn, that exercise would have created the financial foundation for uplisting DECN to the NASDAQ trading index; satisfying a long term goal of the DECN Board of Directors.
During the brief course of Mr. Berman's tenure with the Tauriga BOD, he became aware that the singular focus of the Tauriga CEO was the pursuit of their litigation. Additionally, it became increasingly apparent that a stipulation to any merger agreement execution was the expectation of DECN support and financial underwriting of that litigation.
During Mr. Berman's abbreviated membership on the Tauriga Board, Mr. Shaw consistently conveyed his conviction that the litigation would yield tens of millions of dollars in a guaranteed. DECN engaged attorneys specifically to review the viability of the lawsuit and to estimate any possible award. Mr. Berman was advised that any award would be unlikely to exceed $250,000 plus fees previously charged and paid to the accused accounting firm. However, despite best efforts to convey that message, Mr. Shaw could not be dissuaded. As a result, Mr. Berman submitted his resignation from the Taruiga Sciences, Inc. BOD on Thursday, June 23. Decision Diagnostics has abandoned any coordinated planning with Tauriga and has formally separated any connections.
Mr. Berman's formal resignation from the Board of Directors of Tauriga Sciences, Inc. was dated June 20, 2016 and is posted at www.decisiondiagnostics.com.
Forward-Looking Statements:
This release contains the Company's forward-looking statements which are based on management's current expectations and assumptions as of June 30, 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.genultimate.com
www.decisiondiagnostics.com
www.pharmatechdirect.com
Copyright © 2016 Marketwired. All Rights Reserved
The above news release has been provided by the above company via the OTC Disclosure and News Service. Issuers of news releases and not OTC Markets Group Inc. are solely responsible for the accuracy of such news releases.
Decision Diagnostics Emerges Victorious in End to Acrimonious Patent Litigation With Divisions of Johnson + Johnson
Jun 02, 2016
OTC Disclosure & News Service
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Decision Diagnostics Emerges Victorious in End to Acrimonious Patent Litigation With Divisions of Johnson + Johnson
Company Now Focused on Critical Immediate and Future Tasks: Sales, New Product Development and Launch, Growth, Product Branding, and Winning Its Strategic Patent Suit in Nevada
LOS ANGELES, CA--(Marketwired - Jun 2, 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 the completion of term negotiations and the signing of a final settlement to conclude all patent litigation filed by J&J against PharmaTech Solutions and its parent company Decision Diagnostics.
As the company's loyal shareholders are well aware, Decision Diagnostics and its subsidiary PharmaTech Solutions were reluctantly drawn into this lengthy patent litigation journey nearly five years ago, with two divisions of Johnson + Johnson. The management team at DECN was deeply knowledgeable and extensively experienced in glucose test strip technology. Prior to market introduction, it was the shared internal opinion that the companies' GenStrip product was independent of any current product patent and infringed on no proprietary intellectual property. Extensive research by expert patent attorneys was contracted by the company and its insurers to corroborate that belief.
Fortified with comprehensive legal assurances, GenStrip was targeted for launch and commercialization. Market planning and projections strongly indicated rapid growth and broad distribution. Contracts were negotiated with critical brick and mortar chain drug and mass merchandisers, as well as pharmaceutical group purchasing organizations. Print and television advertising was created and a supportive promotional campaign was launched. Revenue began flowing and DECN's market awareness quotient was elevating.
Growth and expansion was abruptly interrupted by the now broadly known meritless litigation and intimidation barrage of our customers leveled by the divisions of Johnson + Johnson (LifeScan/J&J). A "scorched earth" campaign of lies, threats and intimidation coupled with tens of millions of dollars in allocated legal expenditures to finance unfounded patent infringement allegations functionally curtailed further GenStrip market expansion. The relentless legal assaults forced our transition from an aggressive, vital market focused entity to allocation of a preponderance of available human and financial resources towards refuting each lie, countering every threat, overcoming false testimony, and defeating all accusations. The corporations' directors and senior management in conjunction with its litigation patent attorneys evaluated the legal and market environment concluding that the only just recourse was to be vindicated by the courts and to ultimately defeat J&J/LifeScan in the marketplace of free competition. It was appreciated at the time that J&J would resort to any tactic in order to prevail. There was no action, lie, provision of false witness, delay or accusation to which they would fail to stoop to defeat our just position as a viable competitor. They were expected to behave egregiously and abominably; they proceeded to exceed all of the worst expectations.
More than four years of searing, vitriolic and relentless attacks and prevarications were not only endured but thoroughly rebuffed. The U.S. Appeals Court for the Federal Circuit on May 10, 2016 finally terminated the J&J/LifeScan meritless and illicit legal campaign through a unanimous rejection of the J&J petition for en banc rehearing requested in a desperate attempt to preserve their foundational patent. That ruling, and the Mandate that followed nine days later, not only rendered any J&J claims to patentability null and void, but also shattered their erected customer intimidation barrier to the GenStrip market reentry.
As has been previously reported, J&J/LifeScan and DECN and PharmaTech were ordered by the district court judge to participate in mandatory mediation to resolve all patent infringement and trademark violation litigation filed by J&J/LifeScan against PharmTech Solutions, the subsidiary of DECN. Those mediation sessions were held on April 26, 2016 and conducted by the Chief Magistrate of the Federal District Court. At the close of the mediation Decision Diagnostics/PharmaTech Solutions agreed in principle to terms that would dismiss all litigation by J&J against the companies.
On May 20, PharmaTech formally agreed to the terms of a final settlement and executed an agreement to that effect. Those actions have brought to a conclusion all litigation by J&J/LifeScan against the company's PharmaTech subsidiary in pursuit of any and all claims of patent and trademark infringement. PharmaTech has been proven to be entirely innocent of each and every accusation leveled against it. J&J will pay the company for their actions a cash settlement in an amount that has been made confidential by the court. It is with great pleasure that the company hereby informs its shareholders, the investment community and followers of our company that GenStrip, GenUltimate! and its family of associated products are now free of any legal constraints, and also all threats of intimidation and retribution targeted to our customers have been removed.
"GenStrip and GenUltimate! are now officially, legally and justly available for sale," Keith Berman, PEO of DECN and President of PharmaTech Solutions, Inc. commented. "It is over and we have unconditionally won. The long, seemingly endless legal carnage that we all have been forced to weather is now behind us. As a company, we faced a crucial decision once the courts had ruled on the veracity of our claims and the legitimacy of our position. We evaluated the benefits of continuing legal pursuit of a maximum settlement of damages in California versus the associated costs of that pursuit in financial and human resource allocation, and also in critical opportunity cost. The decision that was made responded to the fundamental issue that prompted our defense and drove our continued pursuit. This odyssey was governed and sustained by the conviction of our unencumbered right to market our 'Gen' family of test strips to whomever, and wherever, we chose. That right is now undisputed and we have unanimously decided to immediately exercise it. The maximization of penalty and damage collection will appropriately be derived from J&Js own product revenue stream. We intend to beat them in the marketplace, own their market share and capture their earnings."
Although the company believes we had been justly compensated through the settlement, and extended litigation may have expanded the amount, we came to the realization that our singular immediate objective was manufacturing and delivering low priced, quality strips to diabetics. Our entire growing organization is alive and eager to directly engage J&J/LifeScan in a free and open market. The company capitalized on its functional market hiatus by extensively planning and developing a suite of new products and the protection of our own technologies through patent infringement litigation against J&J. These new additions are scheduled for release throughout 2016 with additional product and product line extensions anticipated in 2017.
Mr. Berman concluded, "Once again, we have won a resounding, and frankly, startling series of legal victories. Our little Pharma Tech has crushed a healthcare leviathan. We have metaphorically brought it to its knees and forced it to beg for forgiveness. However, the resources that we were forced to expend in pursuit of this result were far from modest. We learned from this confrontation that we are competing in a litigious landscape dominated by the large and wealthy. As a result, our planned new product introductions will be fortified with an extensive legal defense financial armada and partnership participation by specialty legal (case) financing funds. A large litigation financing fund has been contracted and additional IP defense insurance policies have been established to protect against possible future baseless allegations. In fact, the entire cash settlement award from J&J has been directly transferred at our request into this fund, maintained by our counsels. In effect, J&J is underwriting our future litigation victories and our future litigation defenses. Some might refer to this as justice."
Forward-Looking Statements:
This release contains the Company's forward-looking statements which are based on management's current expectations and assumptions as of May 31, 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.genultimate.com
www.decisiondiagnostics.com
www.pharmatechdirect.com
Copyright © 2016 Marketwired. All Rights Reserved
The above news release has been provided by the above company via the OTC Disclosure and News Service. Issuers of news releases and not OTC Markets Group Inc. are solely responsible for the accuracy of such news releases.
Decision Diagnostics Nears Positive Ending of Its California Patent and Trademark Infringement Litigation With Divisions of Johnson + Johnson
May 12, 2016
OTC Disclosure & News Service
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Decision Diagnostics Nears Positive Ending of Its California Patent and Trademark Infringement Litigation With Divisions of Johnson + Johnson
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.
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
Copyright © 2016 Marketwired. All Rights Reserved
The above news release has been provided by the above company via the OTC Disclosure and News Service. Issuers of news releases and not OTC Markets Group Inc. are solely responsible for the accuracy of such news releases.
Decision Diagnostics Engages Retail Monster LLC to Procure Big Box Retailers for Company's GenUltimate Product
Apr 14, 2016
OTC Disclosure & News Service
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Decision Diagnostics Engages Retail Monster LLC to Procure Big Box Retailers for Company's GenUltimate Product
DECN Emerges Into a Post Litigation Strategy With the Hiring of A+ Retail Sourcing Team
LOS ANGELES, CA--(Marketwired - Apr 14, 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 announced the execution of a broad representation agreement with Retail Monster, LLC, a retail and marketing specialist firm with offices in CA, AR, FL, and NY.
Retail Monster's management team has extensive A+ brand experience, with a proven track record of creating pathways for exciting brands, including over the counter pharmaceuticals like GenStrip 50 and GenUltimate, into the world's biggest retailers. Retail Monster's retail customer revenue equates to over $30B in sales over the last decade.
Keith Berman, Principal Executive of DECN commented, "We have now advanced to the stage where we can comfortably redirect the preponderance of our focus from the long standing and successful legal defense of false allegations related to our "Gen" family of blood glucose test strips. Although never absent from our planning and operations, many intended activities and associations were forced to be temporarily held in abeyance. They no longer now need to be restrained. We are beginning a full scale frontal assault on the domestic retail market immediately."
The four year agreement with Retail Monster charges them with executing and managing DECN's existing massive retail contract; completing negotiations and finalizing agreements in varied degrees of completion; introducing the company's "Gen" family of diabetic test strips to unexplored retail venues, and pursuing opportunities in new retail markets.
Mr. Berman continued, "Retail Monster is the ideal agent at the optimum moment to embrace our Gen products and advance them throughout the retail environment. Their management and staff are deeply experienced in the retail market with impressive success moving brands from obscurity to presence, growth and rapid expansion. They know the business intimately; they have personal relationships throughout the organizational chains of the primary US retailers and boast extraordinary sales results with each of their clients. It is certainly a testimony to the appeal of our products that we have been able to conclude this agreement. Retail Monster management stipulates the rigid condition that they fully believe in the future success of any product that they adopt. We feel the same way about the agents that we engage."
Michael Connolly, President and Founder of Retail Monster, commented, "We are thrilled to partner with Decision Diagnostics Corp. on game-changing retail programs. We have identified and memorialized exclusive arrangements to contract with 17 retailers in the U.S. and Canada. Our pitch is going to be that the Gen family of products offer consumers everywhere optimal tools for glucose testing, and our team will ensure that these products are available at retailers around the world."
Mr. Berman concluded, "Retail Monster additionally offers a roadmap to opening an international retail presence in United Kingdom, France and Spain and have been contracted with us accordingly. Over the last year our Pharma Tech subsidiary has invested considerable resources in satisfying international regulatory requirements to secure a CE mark to market its products throughout the European Union, and approval with Health Canada to market in Canada. Those regulatory efforts are expected to be rewarded and Retail Monster will be unleashed to open European distribution through its retail partners in the aforementioned countries."
Forward-Looking Statements:
This release contains the Company's forward-looking statements which are based on manage-ment'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
Copyright © 2016 Marketwired. All Rights Reserved
The above news release has been provided by the above company via the OTC Disclosure and News Service. Issuers of news releases and not OTC Markets Group Inc. are solely responsible for the accuracy of such news releases.
Decision Diagnostics and Subsidiaries Elaborate on the Patent Infringement Lawsuit Against Johnson & Johnson and Two of Its Divisions
Mar 16, 2016
OTC Disclosure & News Service
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Decision Diagnostics and Subsidiaries Elaborate on the Patent Infringement Lawsuit Against Johnson & Johnson and Two of Its Divisions
LOS ANGELES, CA--(Marketwired - Mar 16, 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 strip, 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™ glucose test strip targeted to the developing world markets, today announced that on March 14, 2016 its wholly owned subsidiaries, Decision IT Corp. and Pharma Tech Solutions, Inc., had filed a lawsuit in the United States District Court, District of Nevada, in Las Vegas, NV against Johnson & Johnson and its divisions Lifescan, Inc. and Lifescan Scotland Ltd. (hereafter: Lifescan) stipulating multiple incidences of infringement against two separate patents owned and/or practiced by the company's subsidiaries. The company is seeking compensation and damages in the amount of $400-$700 million.
The central issues in our patent infringement case concern the following features:
A test strip that features three electrodes with two operating through the utilization of the same reference electrode,
A test strip and meter in which multiple readings are taken at each of the two working electrodes over a small period of time, making use of the Cottrell equation,
The test strip technology that compares the measurements between the two working electrodes to assure that each are within a fixed percentage
These technological features have enabled and propelled the success of the Lifescan OneTouch Ultra blood glucose test system throughout the global diabetic test marketplace. They have achieved an annual windfall of $2 billion in gross revenues in each of the last six years.
Each of those identified fundamental features above are covered by US Patents 6,153,069 and 6,413,411. Both of those patents are fully owned by the Decision Diagnostics subsidiary, Decision IT and practiced by Pharma Tech Solutions, Inc.
Keith Berman, Principal Executive of Decision Diagnostics, the parent corporation of Decision IT Corp. and Pharmatech Solutions, Inc. commented, "It is with great regret that we are now forced to confront J&J/Lifescan with our discovery of their multiple violations of the integrity of our justly awarded patents. Nonetheless, it is incumbent on us as responsible professionals to alert the diabetic patient market of these gross violations of legality. It is also our sacred fiduciary responsibility to all of our shareholders to seek appropriate compensation to rectify this now lengthy period of ongoing patent infringement."
The company's nationally prominent patent legal counsel, responsible for a series of conclusive successive legal victories over the last three years against J&J/Lifescan, has strongly recommended pursuit of this legal action after extensive review of all the related patents. It is their informed opinion and that of other experts that J&J/Lifescan's patent violations are so clear and so egregious that there is no other course for our companies to pursue. The companies have filed for, and are entitled to, a court awarded compensation of at least $400 million, and perhaps as much as $700 million.
Mr. Berman concluded, "J&J/Lifescan has prosecuted its illicit and extra-legal campaign against our products and company for 4+ years. We have weathered every storm and won each of the critical legal confrontations. We will continue to battle and win on those fronts. This filing against J&J/Lifescan will no doubt be cause for personal vindication amongst our shareholders. Although, our actions do possess a semblance of retributive justice, it is greatly disappointing that an entity of their magnitude would be reduced to appropriating the technological breakthroughs of others to achieve their own financial objectives.
"The judgment from this litigation will undoubtedly properly readjust their attainment of those objectives. It is important to note that although amply justified, we will not pursue similar underhanded and legally questionable threats of intimidation against their customers or the customers of their customers should these entities purchase the Lifescan patent violated product during the course of this litigation, as Lifescan/J&J repeatedly did to our customers and the customers of our customers. We have always tried to maintain higher standards of integrity and expect to continue to do so."
Forward-Looking Statements:
This release contains the Company's forward-looking statements which are based on management's current expectations and assumptions as of March 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
Copyright © 2016 Marketwired. All Rights Reserved
The above news release has been provided by the above company via the OTC Disclosure and News Service. Issuers of news releases and not OTC Markets Group Inc. are solely responsible for the accuracy of such news releases.
DECN Subsidiaries Sue Johnson & Johnson and Several Divisions for Patent Infringement
Mar 14, 2016
OTC Disclosure & News Service
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DECN Subsidiaries Sue Johnson & Johnson and Several Divisions for Patent Infringement
Company's Decision IT and Pharma Tech Solutions Subsidiaries Demand $400 Million in Damages
LOS ANGELES, CA--(Marketwired - Mar 14, 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 strip, 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™ glucose test strip targeted to the developing world markets, today announced that on March 14, 2016 its wholly owned subsidiaries, Decision IT Corp. and Pharma Tech Solutions, Inc., had filed a lawsuit in the United States District Court, District of Nevada, in Las Vegas, NV, Case 2:16-cv-00564, titled Pharma Tech Solutions, Inc. et al v. Lifescan, Inc. et al which named Johnson & Johnson and its divisions Lifescan, Inc. and Lifescan Scotland Ltd. (hereafter: Lifescan) and alleged infringement against two separate patents owned and/or practiced by the company's subsidiaries. The company is seeking compensation and damages in the amount of $400 million.
The news contained in this release covers the companies' U.S. Patent numbers 6,153,069, an apparatus patent, and 6,413,411 method claims. Expanded information related to these actions will be circulated within the next several days.
Forward-Looking Statements:
This release contains the Company's forward-looking statements which are based on management's current expectations and assumptions as of March 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
Copyright © 2016 Marketwired. All Rights Reserved
The above news release has been provided by the above company via the OTC Disclosure and News Service. Issuers of news releases and not OTC Markets Group Inc. are solely responsible for the accuracy of such news releases.
Decision Diagnostics Conveys Opportunities and Potential Following Landmark Circuit Court Ruling Against Diabetes Testing Division of Johnson & Johnson
Feb 09, 2016
OTC Disclosure & News Service
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Decision Diagnostics Conveys Opportunities and Potential Following Landmark Circuit Court Ruling Against Diabetes Testing Division of Johnson & Johnson
Federal Circuit Court's Rule 36 Affirmation Positions DECN to Achieve Significant Market Penetration
LOS ANGELES, CA--(Marketwired - Feb 9, 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 strip, 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™ glucose test strip targeted to the developing world markets, today relays a summary of the arguably illegitimate J&J/Lifescan lawsuit impact on DECN business activity, its current status and future expectations.
Corporate annual revenue generation approximated $15+ million from 2009-2012 from existing business activities, prior to the comprehensive 2012-2013 Medicare reimbursement reductions for at-home testing supplies. In 2012 the company assumed total program management of the Genstrip blood glucose test strip; including all regulatory activity directed towards FDA 510k market clearance. Concurrent to this transition, and prior to regulatory approval and Genstrip product introduction, J&J/Lifescan commenced its campaign of litigation, threats and intimidation to prevent the introduction of Genstrip to the diabetic patient population. They collectively filed patent infringement and trademark infringement lawsuits.
The FDA 510k market clearance in November, 2012, activated an intensive product launch and initiated an order wave that deluged manufacturing and overwhelmed capacity. Agreements were quickly executed with mass merchandisers, drug chains and grocery retailers. However, internal expectations for meteoric product growth and rapid revenue escalation were abruptly interrupted by lower court judges, persuaded by J&J/Lifescan assertions of false health risks and their own financial impairment, to enter two preliminary injunctions preventing the continued sale of Genstrip. Prior to the reversal of those injunctions by a rational Federal Circuit Court of Appeals panel, J&J/Lifescan expanded its scorched earth strategy through a communication campaign targeting all existing and prospective Genstrip customers. Each of these accounts received notifications, replete with distortions, suspect legal opinions and an explicit threat to employ the full financial power of the $75 billion corporate giant to sue any commercial Genstrip purchaser for patent infringement. This totally disingenuous, yet highly successful, campaign effectively neutralized the company's marketing plans for the Genstrip product through all second and third party sellers.
Keith Berman, Principal Executive of Decision Diagnostics commented, "We entered 2013 poised to capture a considerable share of the J&J/Lifescan $2+ billion test strip market. Although expecting J&J/Lifescan to make every effort to protect their market monopoly, we did not anticipate the breath of faithless tactics that they would employ to remove our looming threat to their cash cow franchise. Our only option was to repel their attacks and to pursue vindication through unconditional legal victory. We had been counseled that J&J/Lifescan frequently filed baseless lawsuits characterized by unfounded accusations, delaying tactics and often supported by incapable or fraudulent expert witnesses; forcing smaller undercapitalized competitors to capitulate under the weight of staggering legal defense costs. "
The company and its Pharma Tech Solutions subsidiary won, and won unconditionally. As announced, that ruling initiated a company legal claim and the aggressive pursuit of a court mandated J&J/Lifescan $12.7 million bond posted in the event that the imposed injunction was reversed or proven to be invalid. Additional legal pursuit against J&J/Lifescan will be activated for the extensive damages their improper behavior and anti-trust activities have inflicted on the company.
The multiple and final legal victories now reopens the gateway to the rapid business expansion curtailed by the J&J/Lifescan legal assaults and their campaign of threat and intimidation. During the Genstrip legal hiatus from the market, the company has been intensely preparing for the product re-launch. It now is engaged in conversations with multiple national retailers to re-embrace the functional and financial superiority of GenStrip that they found so compelling in 2013.
Mr. Berman continued, "We are energized and reborn. Wasted years, lost opportunity and unnecessary expense are now behind us. We have won so conclusively that the Federal Circuit Court took the uncommon step of awarding us court costs in their Rule 36 decision. That award punctuated their decision and emphasized their conviction in the ruling. We would like to thank all of our shareholders who have supported our efforts and fought the battle with us. We are fully committed to shortly rewarding their patience, investment and encouragement."
The company has also packed the last several years with the planning and development of a suite of new products that it will begin releasing in 2016. Those additions to the family of diagnostic testing products and devices include:
GenUltimate test strip targeted for sale to GPOs, major chain pharmacies, private label sales and mega-distributors.
GenSure test strip, a product for international sales to the developing world markets and which will initially feature a test strip and shortly followed by the release of a test meter.
The Discretion product line of glucose meter systems empowered by Internet radio devices, designed for remote glucose monitoring of diabetes inflicted school-aged, children
Mr. Berman concluded, "Here we are once again after 3+ years; poised to distribute to the millions of diabetic patients a superior and significantly less expensive test strip that have been denied due to the legal and business harassment of J&J/Lifescan. This time we will not be deterred. Rapid growth will be fulfilled and supported by our contract domestic manufacturer and our newly engaged supplemental international manufacturer.
Forward-Looking Statements:
This release contains the Company's forward-looking statements which are based on management's current expectations and assumptions as of February 9, 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.
Decision Diagnostics Corp.
Keith Berman
(805) 446-2973
info@decisiondiagnostics.com
www.decisiondiagnostics.com
www.pharmatechdirect.com
Copyright © 2016 Marketwired. All Rights Reserved
The above news release has been provided by the above company via the OTC Disclosure and News Service. Issuers of news releases and not OTC Markets Group Inc. are solely responsible for the accuracy of such news releases.
DECN Assesses Its Recent Landmark Legal Victories Over Diabetes Division Of Johnson & Johnson
Jan 28, 2016
OTC Disclosure & News Service
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DECN Assesses Its Recent Landmark Legal Victories Over Diabetes Division Of Johnson & Johnson
PR Newswire
LOS ANGELES, Jan. 28, 2016
LOS ANGELES, Jan. 28, 2016 /PRNewswire/ -- 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 ("J&J" LifeScan OneTouch Ultra family of glucose testing meters, today publishes the first of three detailed analyses concerning: 1) the legal history and current situation of the litigation with the division of J&J, 2) the most recent rulings and upcoming events and their implications to the company, and finally 3) the sea change in the business landscape brought about by the recent ruling. To summarize the current topics:
J&J has exhausted all fertile avenues to continue their questionable behavior toward DECN's customers and the customers of DECN's customers, based on strong suggestion and vague legal opinion concerning J&J's centerpiece '105 patent. J&J's use of this patent to intimidate DECN's customers during the litigation process will be part of DECN's overall forward legal strategy that will shortly be pursued.
DECN is now in an unequivocal position to pursue damages originally anticipated when the district court judge ordered a $12.7 million bond be lodged.
While J&J still has a single older patent it may continue to pursue, DECN believes J&J's position is even weaker with this patent because it is believed that this older patent (known as the '862 patent) is not practiced by J&J or DECN and more importantly in our opinion this patent discusses technical features that were impossible to achieve when the patent was granted, and even today many years later, are still impossible to achieve. Further, DECN has a pending Summary Judgment Motion in front of the California trial judge, which will be heard in mid-February.
To review. The company's product Genstrip received regulatory market clearance from the US FDA in November, 2012, over a year after J&J/Lifescan brought the first of its patent infringement suits. Nonetheless, this clearance in turn triggered a successful product launch and a rapid broad market product acceptance. Initial orders and revenue overwhelmed projections and exceeded market expectations. As a result, J&J sought and was unjustly granted a preliminary injunction through their monopolistic use of their '105 patent, preventing the continued sale of Genstrip in the marketplace.
The Federal Circuit Court of Appeals (the high court just beneath the U.S. Supreme Court) reversed that injunction in November 2013, precedentially ruling that the existing and central '105 patent applied to the glucose meter rather than the test strips. The appeals court specifically found that the '105 patent was exhausted once its OneTouch Ultra glucose meters were distributed to customers.
The United States Patent and Trademark Office (USPTO) in August, 2014 determined the '105 patent used by J&J to perpetuate their blood glucose test market monopoly was invalid as obvious and functionally unpatentable; thereby terminating the '105 patent, pending a final appeal. J&J/LifeScan appealed and in doing so contended in the appeal to the Federal Circuit Court that the USPTO's final written decision and conclusion were "replete with legal errors" and the conclusion that the claims of U.S. Patent Number 7,250,105 are obvious, lacked substantial evidentiary support. J&J also argued that the IPR (court) proceeding itself was procedurally flawed, saying that only the Director of the U.S. Patent and Trademark Office, or her proper delegate, were able to institute IPRs.
Last week the Federal Circuit Court affirmed the Final Ruling of the USPTO court. The Federal Circuit's unanimous rejection of J&J/Lifescan's appeal through a Rule 36 summary affirmation unambiguously denies the J&J/Lifescan appeal and mitigates further legal challenge. Rule 36 decisions are rarely challenged or appealed.
This final ruling by the Circuit Court concludes the illegitimate accusations of infringement against DECN/Pharma Tech and its product, Genstrip 50. The allegations related to centerpiece '105 patent which have been repeatedly voiced by J&J and their lawyers have now been conclusively proven to be false. Each Pharma Tech company assertion communicated by public announcement, affidavit, expert testimony, deposition, direct testimony and cross examination has now proven to be absolutely and entirely true. It has been apparent from the outset that the strategy adopted by J&J and their legal counsel had little to do with pursuit of victory through truth and justice. Their relentless personal attacks, accusations and open court allegations coupled with capitalizing on every available legal delay clearly suggests the embrace of scorched earth tactics intended to prejudice lower courts and an obvious attempt to use their superior legal reserves in the misguided hope that the company would be unable to fund a cogent legal defense thereby granting to J&J a further monopoly and the resultant overburden on the US healthcare system.
Their strategy has failed. DECN can conclusively convey that they have won an unconditional victory. J&J and their central '105 patent have been vanquished.
Keith Berman, Principal Executive of Decision Diagnostics commented, "This decisive higher court ruling has altered the legal landscape and ended J&J's test strip monopoly. We have prepared for this landmark event through the addition of an offshore supplemental test strip manufacturer that will enable our fulfillment of the expected global demand for our Genstrip technology. All of our loyal shareholders can now expect the immediate resumption of all marketing and distribution activity that we were forced to abandon, through the illegitimate actions of J&J. "
At this stage, DECN would like to convey their first act following this embarrassment to J&J. As noted, the court imposed the mandatory posting of a $12.7 million bond related to the injunction. That bond was required to compensate Pharma Tech in the event that the court of appeals overturned the injunction and/or the lower court judge erred in his 2013 rulings. The higher courts have not only reversed the injunction but J&J's basis for seeking the injunction, infringement of the '105 patent, has been routed in the US Court of Appeals for the Federal Circuit. The company will quickly and aggressively move to attack that bond and seek the justice that it so clearly deserves.
Mr. Berman concluded, "We should also note and emphasize that we will not be satisfied to solely resume our prior activities. We will seek punishment in the courts for J&J's actions and behavior. We believe the best way to accomplish this is through a combination of success and court ordered financial compensation."
Forward-Looking Statements:
This release contains the Company's forward-looking statements which are based on management's current expectations and assumptions as of January 20, 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
To view the original version on PR Newswire, visit:http://www.prnewswire.com/news-releases/decn-assesses-its-recent-landmark-legal-victories-over-diabetes-division-of-johnson--johnson-300211415.html
SOURCE Decision Diagnostics Corp.
Copyright © 2016 PR Newswire. All Rights Reserved
The above news release has been provided by the above company via the OTC Disclosure and News Service. Issuers of news releases and not OTC Markets Group Inc. are solely responsible for the accuracy of such news releases.
Last updated 12/27/2016 - 0.099
DECN Increases Manufacturing Capacity, Opens International Markets for Popular GenUltimate!
Dec 01, 2016
OTC Disclosure & News Service
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DECN Increases Manufacturing Capacity, Opens International Markets for Popular GenUltimate!
COMPANY INCREASES MONTHLY FACTORY OUTPUT TO 620,000 UNITS, SCHEDULES LARGE SHIPMENTS ON $17.2 MILLION IN INTERNATIONAL ORDERS RECEIVED
PR Newswire
LOS ANGELES, Dec. 1, 2016
LOS ANGELES, Dec. 1, 2016 /PRNewswire/ -- Decision Diagnostics Corp. (OTC PINK: DECN), the manufacturer, quality plan administrator and the exclusive worldwide sales, service and regulatory processes agent for the GenUltimate!™ glucose test strip, 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 conveys recent marketing plan advancements, increases in manufacturing capabilities, and new international distributor additions. Since the landmark conclusion of the successful litigation defense to the imaginary patent infringement allegations filed by J&J, the company has focused its energies and resources towards the precise execution of its formal marketing plan. Several recent communications to its shareholders and the broader investment community were highlighted by the pursuit and completion of the initial phase of that Plan. Hundreds of on-line retail merchandising venues had been added and through which Gen family of test strip revenue had begun flowing. That successful tactical campaign continues to increase distribution point locations and expand individual location footprint. In anticipation of this accelerated demand, factory capacity has been increased by the Pennsylvania and the South Korea contract manufacturers to 620,000 GenUltimate! units per month.
Concurrent to that on-line escalation, the company initiated the second chapter of its detailed Plan with the targeting and contracting of a global network of international distributors. That network remains in development and its conclusion is not shortly expected, however, initial progress has yielded short term positive accomplishments; two of which the company would like to share with its loyal shareholders:
Uni-Care Corp
Seoul, South Korea
Macre Diagnosis S.R.L.
Santa Cruz, Bolivia
Keith Berman, PEO of Decision Diagnostics commented, "It is gratifying and highly appropriate that immediately following the Thanksgiving holiday we are in a position to update our shareholders and the entire investment community regarding the continuation of our efforts to execute our marketing plan, and to communicate the initial fruits of those tactical endeavors. We are all thankful for the loyalty of our investors and the support of our customers."
The Company has contracted Uni-Care Corp to exclusively distribute the Gen family of test strips to the Republic of South Korea, China and the Philippines. Uni-Care has activated the arrangement with the submission of an initial stocking purchase order for approximately 40,000 pieces of GenUltimate! test strips to be shipped immediately following the product's registration with South Korea's KFDA regulatory agency, expected in early December. Additional stocking orders are expected from sub-distributors in China and the Philippines. The Uni-Care Exclusive Distribution Agreement requires the annual purchase of a minimum of 250,000 GenUltimate! units in the next 12 months.
Macre Diagnostics S.R.L. has become the company's distributor to multiple countries in South America. Macre, located in Santa Cruz, Bolivia has secured its regulatory approvals and has placed an initial opening order for 10,800 pieces of GenUltimate! with a 12 month cumulative order for 2,850,000 units of GenUltimate!
Forward-Looking Statements:
This release contains the Company's forward-looking statements which are based on management's current expectations and assumptions as of November 29, 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.genultimate.com
www.decisiondiagnostics.com
To view the original version on PR Newswire, visit:http://www.prnewswire.com/news-releases/decn-increases-manufacturing-capacity-opens-international-markets-for-popular-genultimate-300371333.html
SOURCE Decision Diagnostics Corp.
Copyright © 2016 PR Newswire. All Rights Reserved
The above news release has been provided by the above company via the OTC Disclosure and News Service. Issuers of news releases and not OTC Markets Group Inc. are solely responsible for the accuracy of such news releases.
DECN Litigation Victory Against Johnson + Johnson, Launches Foothold in On-Line Retail Markets for Its Popular "Gen" Products
Aug 23, 2016
OTC Disclosure & News Service
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DECN Litigation Victory Against Johnson + Johnson, Launches Foothold in On-Line Retail Markets for Its Popular "Gen" Products
LOS ANGELES, CA--(Marketwired - Aug 23, 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 conveys positive results from the execution of the marketing plan for the "Gen" family of glucose testing products. Intrinsic to the attainment of the company's identified revenue goals was the attainment of a series of successfully executed tactics running both concurrently and, in some instances, consecutively. The central and initial hurdle was the complete defeat of J&J in its efforts to exclude our participation in a free and fair competitive marketplace. During the product market hiatus driven by that litigation, the company utilized the time and opportunity to prepare for a re-launch of Genstrip 50 while simultaneously developing a suite of new market additions, both in and out of the blood glucose test strip market segment. Those new line additions include GenUltimate!, currently sold in ever more market niches and other unique line expansions that will be formally introduced beginning with the fourth quarter of 2016.
Keith Berman, PEO and CFO of DECN, commented, "As relayed in prior communications, Decision Diagnostics and Pharma Tech engaged the lengthy J&J/Lifescan litigation battles solely to regain the right to legally sell the Genstrip 50 and its derivative products without restraint or intimidation. Now that those legal conflicts have been concluded with prejudice via the Federal courts as of May 20, 2016, we have enthusiastically begun implementing the marketing plan for our 'Gen' products. The first target in our post-litigation market strategy entailed the capture of new on-line retailer agreements and in some instances the re-capture of agreements we were forced to delay."
The company has been aggressively pursuing the on-line retailer market and, as a result of those efforts, the company's products can be immediately purchased at a multitude of on-line retailer locations including:
shop.onlineshopping2014.com/genultimate/
pandabearmd.com/2016/08/11/sale-genstrip50-test-strips-for-use-with-onetouch-ultra-meters-3-pack/
themedicalsuppliesstore.com/Genstrip50-Test-Strips-p/genstrip50-count.htm
diabeticdomain.com/product/pharmatech-genstrip50-test-strips-50ct/
us.nodiabetesxxl.com/?s=genstrip50&product_cat=test-strips&post_type=product
http://www.sears.com/search=genstrip
https://jet.com/search?term=genstrip%2050
http://www.ebay.com/sch/i.html?_odkw=genstrip...p;_sacat=0
http://www.ebay.com/sch/i.html?_odkw=genstrip...p;_sacat=0
https://www.amazon.com/s/ref=nb_sb_noss_2?url...&ajr=0
Mr. Berman concluded, "The Company lost considerable time and resources defending itself from the baseless legal attacks by J&J/Lifescan. It is liberating to now redirect our corporate focus on our primary tasks as a responsible business; selling our products, attaining earnings and driving share price. Our stockholders can anticipate several like communications regarding advances in this space with some of the largest global mass merchandisers, including one just signed as this release was written. It is gratifying to finally be able to take the consequential step of concluding agreements to offer our 'Gen' products through these major on-line portals. Implicit in the fulfillment of our marketing plan through these on-line retailers is a formal declaration of the company's reemergence and, we hope, the first of many like communications that document market share progression."
Forward-Looking Statements:
This release contains the Company's forward-looking statements which are based on management's current expectations and assumptions as of August 22, 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.genultimate.com
www.decisiondiagnostics.com
Copyright © 2016 Marketwired. All Rights Reserved
The above news release has been provided by the above company via the OTC Disclosure and News Service. Issuers of news releases and not OTC Markets Group Inc. are solely responsible for the accuracy of such news releases.
Decision Diagnostics Ends Plans and Communications With Tauriga Sciences, Inc. Concerning Possible Reverse Merger Transaction
Jul 01, 2016
OTC Disclosure & News Service
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Decision Diagnostics Ends Plans and Communications With Tauriga Sciences, Inc. Concerning Possible Reverse Merger Transaction
LOS ANGELES, CA--(Marketwired - Jul 1, 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 announced that Decision Diagnostics Corp., PharmaTech Solutions, Inc. (its subsidiary) and Keith Berman, PEO and CFO have formally severed all connection to and with Tauriga Sciences, Inc. Keith Berman agreed to join the BOD of Tauriga Sciences on April 15, 2016 following consultation with the DECN board. Acceptance of the Board Director invitation from Tauriga was motivated by the prospect of executing an M&A Transaction and reverse merging into Tauriga; an offer that had been extended by the CEO of Tauriga Sciences.
As has been noted, Decision Diagnostic has been unable to properly file annual audited financial reports for 2014 and 2015 due to the incompetence and deceptions of its previously engaged auditing firm, LL Bradford and Co. ("Bradford"
. Bradford's actions and misdeeds led to severe penalties, suspensions, fines and bans levied on it and its senior partners by the PCAOB, an agency of the U.S. SEC. Auditing firms that the company subsequently engaged have been unable to complete their audits due to the absent information that Bradford refused to convey, despite the PCAOB sanctions and the intervention of the Nevada State Board of Accountancy. Tauriga Sciences, Inc. is a publicly traded corporation that exhibits no business activity, little revenue and no apparent product or service. DECN due diligence revealed Tauriga to effectively exist as a trading shell whose sole revenue objective appears to be limited to the prospect of a jury award from a successful prosecution of a lawsuit filed against its former auditor. Keith Berman was introduced to Tauriga by an investment banker. He became a member of the Tauriga BOD as a result of the offer made by the CEO Seth Shaw, to merge the companies. That alliance would have enabled DECN to satisfy all SEC dictates for becoming a fully compliant reporting corporation. In turn, that exercise would have created the financial foundation for uplisting DECN to the NASDAQ trading index; satisfying a long term goal of the DECN Board of Directors.
During the brief course of Mr. Berman's tenure with the Tauriga BOD, he became aware that the singular focus of the Tauriga CEO was the pursuit of their litigation. Additionally, it became increasingly apparent that a stipulation to any merger agreement execution was the expectation of DECN support and financial underwriting of that litigation.
During Mr. Berman's abbreviated membership on the Tauriga Board, Mr. Shaw consistently conveyed his conviction that the litigation would yield tens of millions of dollars in a guaranteed. DECN engaged attorneys specifically to review the viability of the lawsuit and to estimate any possible award. Mr. Berman was advised that any award would be unlikely to exceed $250,000 plus fees previously charged and paid to the accused accounting firm. However, despite best efforts to convey that message, Mr. Shaw could not be dissuaded. As a result, Mr. Berman submitted his resignation from the Taruiga Sciences, Inc. BOD on Thursday, June 23. Decision Diagnostics has abandoned any coordinated planning with Tauriga and has formally separated any connections.
Mr. Berman's formal resignation from the Board of Directors of Tauriga Sciences, Inc. was dated June 20, 2016 and is posted at www.decisiondiagnostics.com.
Forward-Looking Statements:
This release contains the Company's forward-looking statements which are based on management's current expectations and assumptions as of June 30, 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.genultimate.com
www.decisiondiagnostics.com
www.pharmatechdirect.com
Copyright © 2016 Marketwired. All Rights Reserved
The above news release has been provided by the above company via the OTC Disclosure and News Service. Issuers of news releases and not OTC Markets Group Inc. are solely responsible for the accuracy of such news releases.
Decision Diagnostics Emerges Victorious in End to Acrimonious Patent Litigation With Divisions of Johnson + Johnson
Jun 02, 2016
OTC Disclosure & News Service
-
Decision Diagnostics Emerges Victorious in End to Acrimonious Patent Litigation With Divisions of Johnson + Johnson
Company Now Focused on Critical Immediate and Future Tasks: Sales, New Product Development and Launch, Growth, Product Branding, and Winning Its Strategic Patent Suit in Nevada
LOS ANGELES, CA--(Marketwired - Jun 2, 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 the completion of term negotiations and the signing of a final settlement to conclude all patent litigation filed by J&J against PharmaTech Solutions and its parent company Decision Diagnostics. As the company's loyal shareholders are well aware, Decision Diagnostics and its subsidiary PharmaTech Solutions were reluctantly drawn into this lengthy patent litigation journey nearly five years ago, with two divisions of Johnson + Johnson. The management team at DECN was deeply knowledgeable and extensively experienced in glucose test strip technology. Prior to market introduction, it was the shared internal opinion that the companies' GenStrip product was independent of any current product patent and infringed on no proprietary intellectual property. Extensive research by expert patent attorneys was contracted by the company and its insurers to corroborate that belief.
Fortified with comprehensive legal assurances, GenStrip was targeted for launch and commercialization. Market planning and projections strongly indicated rapid growth and broad distribution. Contracts were negotiated with critical brick and mortar chain drug and mass merchandisers, as well as pharmaceutical group purchasing organizations. Print and television advertising was created and a supportive promotional campaign was launched. Revenue began flowing and DECN's market awareness quotient was elevating.
Growth and expansion was abruptly interrupted by the now broadly known meritless litigation and intimidation barrage of our customers leveled by the divisions of Johnson + Johnson (LifeScan/J&J). A "scorched earth" campaign of lies, threats and intimidation coupled with tens of millions of dollars in allocated legal expenditures to finance unfounded patent infringement allegations functionally curtailed further GenStrip market expansion. The relentless legal assaults forced our transition from an aggressive, vital market focused entity to allocation of a preponderance of available human and financial resources towards refuting each lie, countering every threat, overcoming false testimony, and defeating all accusations. The corporations' directors and senior management in conjunction with its litigation patent attorneys evaluated the legal and market environment concluding that the only just recourse was to be vindicated by the courts and to ultimately defeat J&J/LifeScan in the marketplace of free competition. It was appreciated at the time that J&J would resort to any tactic in order to prevail. There was no action, lie, provision of false witness, delay or accusation to which they would fail to stoop to defeat our just position as a viable competitor. They were expected to behave egregiously and abominably; they proceeded to exceed all of the worst expectations.
More than four years of searing, vitriolic and relentless attacks and prevarications were not only endured but thoroughly rebuffed. The U.S. Appeals Court for the Federal Circuit on May 10, 2016 finally terminated the J&J/LifeScan meritless and illicit legal campaign through a unanimous rejection of the J&J petition for en banc rehearing requested in a desperate attempt to preserve their foundational patent. That ruling, and the Mandate that followed nine days later, not only rendered any J&J claims to patentability null and void, but also shattered their erected customer intimidation barrier to the GenStrip market reentry.
As has been previously reported, J&J/LifeScan and DECN and PharmaTech were ordered by the district court judge to participate in mandatory mediation to resolve all patent infringement and trademark violation litigation filed by J&J/LifeScan against PharmTech Solutions, the subsidiary of DECN. Those mediation sessions were held on April 26, 2016 and conducted by the Chief Magistrate of the Federal District Court. At the close of the mediation Decision Diagnostics/PharmaTech Solutions agreed in principle to terms that would dismiss all litigation by J&J against the companies.
On May 20, PharmaTech formally agreed to the terms of a final settlement and executed an agreement to that effect. Those actions have brought to a conclusion all litigation by J&J/LifeScan against the company's PharmaTech subsidiary in pursuit of any and all claims of patent and trademark infringement. PharmaTech has been proven to be entirely innocent of each and every accusation leveled against it. J&J will pay the company for their actions a cash settlement in an amount that has been made confidential by the court. It is with great pleasure that the company hereby informs its shareholders, the investment community and followers of our company that GenStrip, GenUltimate! and its family of associated products are now free of any legal constraints, and also all threats of intimidation and retribution targeted to our customers have been removed.
"GenStrip and GenUltimate! are now officially, legally and justly available for sale," Keith Berman, PEO of DECN and President of PharmaTech Solutions, Inc. commented. "It is over and we have unconditionally won. The long, seemingly endless legal carnage that we all have been forced to weather is now behind us. As a company, we faced a crucial decision once the courts had ruled on the veracity of our claims and the legitimacy of our position. We evaluated the benefits of continuing legal pursuit of a maximum settlement of damages in California versus the associated costs of that pursuit in financial and human resource allocation, and also in critical opportunity cost. The decision that was made responded to the fundamental issue that prompted our defense and drove our continued pursuit. This odyssey was governed and sustained by the conviction of our unencumbered right to market our 'Gen' family of test strips to whomever, and wherever, we chose. That right is now undisputed and we have unanimously decided to immediately exercise it. The maximization of penalty and damage collection will appropriately be derived from J&Js own product revenue stream. We intend to beat them in the marketplace, own their market share and capture their earnings."
Although the company believes we had been justly compensated through the settlement, and extended litigation may have expanded the amount, we came to the realization that our singular immediate objective was manufacturing and delivering low priced, quality strips to diabetics. Our entire growing organization is alive and eager to directly engage J&J/LifeScan in a free and open market. The company capitalized on its functional market hiatus by extensively planning and developing a suite of new products and the protection of our own technologies through patent infringement litigation against J&J. These new additions are scheduled for release throughout 2016 with additional product and product line extensions anticipated in 2017.
Mr. Berman concluded, "Once again, we have won a resounding, and frankly, startling series of legal victories. Our little Pharma Tech has crushed a healthcare leviathan. We have metaphorically brought it to its knees and forced it to beg for forgiveness. However, the resources that we were forced to expend in pursuit of this result were far from modest. We learned from this confrontation that we are competing in a litigious landscape dominated by the large and wealthy. As a result, our planned new product introductions will be fortified with an extensive legal defense financial armada and partnership participation by specialty legal (case) financing funds. A large litigation financing fund has been contracted and additional IP defense insurance policies have been established to protect against possible future baseless allegations. In fact, the entire cash settlement award from J&J has been directly transferred at our request into this fund, maintained by our counsels. In effect, J&J is underwriting our future litigation victories and our future litigation defenses. Some might refer to this as justice."
Forward-Looking Statements:
This release contains the Company's forward-looking statements which are based on management's current expectations and assumptions as of May 31, 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.genultimate.com
www.decisiondiagnostics.com
www.pharmatechdirect.com
Copyright © 2016 Marketwired. All Rights Reserved
The above news release has been provided by the above company via the OTC Disclosure and News Service. Issuers of news releases and not OTC Markets Group Inc. are solely responsible for the accuracy of such news releases.
Decision Diagnostics Nears Positive Ending of Its California Patent and Trademark Infringement Litigation With Divisions of Johnson + Johnson
May 12, 2016
OTC Disclosure & News Service
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Decision Diagnostics Nears Positive Ending of Its California Patent and Trademark Infringement Litigation With Divisions of Johnson + Johnson
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.
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
Copyright © 2016 Marketwired. All Rights Reserved
The above news release has been provided by the above company via the OTC Disclosure and News Service. Issuers of news releases and not OTC Markets Group Inc. are solely responsible for the accuracy of such news releases.
Decision Diagnostics Engages Retail Monster LLC to Procure Big Box Retailers for Company's GenUltimate Product
Apr 14, 2016
OTC Disclosure & News Service
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Decision Diagnostics Engages Retail Monster LLC to Procure Big Box Retailers for Company's GenUltimate Product
DECN Emerges Into a Post Litigation Strategy With the Hiring of A+ Retail Sourcing Team
LOS ANGELES, CA--(Marketwired - Apr 14, 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 announced the execution of a broad representation agreement with Retail Monster, LLC, a retail and marketing specialist firm with offices in CA, AR, FL, and NY. Retail Monster's management team has extensive A+ brand experience, with a proven track record of creating pathways for exciting brands, including over the counter pharmaceuticals like GenStrip 50 and GenUltimate, into the world's biggest retailers. Retail Monster's retail customer revenue equates to over $30B in sales over the last decade.
Keith Berman, Principal Executive of DECN commented, "We have now advanced to the stage where we can comfortably redirect the preponderance of our focus from the long standing and successful legal defense of false allegations related to our "Gen" family of blood glucose test strips. Although never absent from our planning and operations, many intended activities and associations were forced to be temporarily held in abeyance. They no longer now need to be restrained. We are beginning a full scale frontal assault on the domestic retail market immediately."
The four year agreement with Retail Monster charges them with executing and managing DECN's existing massive retail contract; completing negotiations and finalizing agreements in varied degrees of completion; introducing the company's "Gen" family of diabetic test strips to unexplored retail venues, and pursuing opportunities in new retail markets.
Mr. Berman continued, "Retail Monster is the ideal agent at the optimum moment to embrace our Gen products and advance them throughout the retail environment. Their management and staff are deeply experienced in the retail market with impressive success moving brands from obscurity to presence, growth and rapid expansion. They know the business intimately; they have personal relationships throughout the organizational chains of the primary US retailers and boast extraordinary sales results with each of their clients. It is certainly a testimony to the appeal of our products that we have been able to conclude this agreement. Retail Monster management stipulates the rigid condition that they fully believe in the future success of any product that they adopt. We feel the same way about the agents that we engage."
Michael Connolly, President and Founder of Retail Monster, commented, "We are thrilled to partner with Decision Diagnostics Corp. on game-changing retail programs. We have identified and memorialized exclusive arrangements to contract with 17 retailers in the U.S. and Canada. Our pitch is going to be that the Gen family of products offer consumers everywhere optimal tools for glucose testing, and our team will ensure that these products are available at retailers around the world."
Mr. Berman concluded, "Retail Monster additionally offers a roadmap to opening an international retail presence in United Kingdom, France and Spain and have been contracted with us accordingly. Over the last year our Pharma Tech subsidiary has invested considerable resources in satisfying international regulatory requirements to secure a CE mark to market its products throughout the European Union, and approval with Health Canada to market in Canada. Those regulatory efforts are expected to be rewarded and Retail Monster will be unleashed to open European distribution through its retail partners in the aforementioned countries."
Forward-Looking Statements:
This release contains the Company's forward-looking statements which are based on manage-ment'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
Copyright © 2016 Marketwired. All Rights Reserved
The above news release has been provided by the above company via the OTC Disclosure and News Service. Issuers of news releases and not OTC Markets Group Inc. are solely responsible for the accuracy of such news releases.
Decision Diagnostics and Subsidiaries Elaborate on the Patent Infringement Lawsuit Against Johnson & Johnson and Two of Its Divisions
Mar 16, 2016
OTC Disclosure & News Service
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Decision Diagnostics and Subsidiaries Elaborate on the Patent Infringement Lawsuit Against Johnson & Johnson and Two of Its Divisions
LOS ANGELES, CA--(Marketwired - Mar 16, 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 strip, 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™ glucose test strip targeted to the developing world markets, today announced that on March 14, 2016 its wholly owned subsidiaries, Decision IT Corp. and Pharma Tech Solutions, Inc., had filed a lawsuit in the United States District Court, District of Nevada, in Las Vegas, NV against Johnson & Johnson and its divisions Lifescan, Inc. and Lifescan Scotland Ltd. (hereafter: Lifescan) stipulating multiple incidences of infringement against two separate patents owned and/or practiced by the company's subsidiaries. The company is seeking compensation and damages in the amount of $400-$700 million. The central issues in our patent infringement case concern the following features:
A test strip that features three electrodes with two operating through the utilization of the same reference electrode,
A test strip and meter in which multiple readings are taken at each of the two working electrodes over a small period of time, making use of the Cottrell equation,
The test strip technology that compares the measurements between the two working electrodes to assure that each are within a fixed percentage
These technological features have enabled and propelled the success of the Lifescan OneTouch Ultra blood glucose test system throughout the global diabetic test marketplace. They have achieved an annual windfall of $2 billion in gross revenues in each of the last six years.
Each of those identified fundamental features above are covered by US Patents 6,153,069 and 6,413,411. Both of those patents are fully owned by the Decision Diagnostics subsidiary, Decision IT and practiced by Pharma Tech Solutions, Inc.
Keith Berman, Principal Executive of Decision Diagnostics, the parent corporation of Decision IT Corp. and Pharmatech Solutions, Inc. commented, "It is with great regret that we are now forced to confront J&J/Lifescan with our discovery of their multiple violations of the integrity of our justly awarded patents. Nonetheless, it is incumbent on us as responsible professionals to alert the diabetic patient market of these gross violations of legality. It is also our sacred fiduciary responsibility to all of our shareholders to seek appropriate compensation to rectify this now lengthy period of ongoing patent infringement."
The company's nationally prominent patent legal counsel, responsible for a series of conclusive successive legal victories over the last three years against J&J/Lifescan, has strongly recommended pursuit of this legal action after extensive review of all the related patents. It is their informed opinion and that of other experts that J&J/Lifescan's patent violations are so clear and so egregious that there is no other course for our companies to pursue. The companies have filed for, and are entitled to, a court awarded compensation of at least $400 million, and perhaps as much as $700 million.
Mr. Berman concluded, "J&J/Lifescan has prosecuted its illicit and extra-legal campaign against our products and company for 4+ years. We have weathered every storm and won each of the critical legal confrontations. We will continue to battle and win on those fronts. This filing against J&J/Lifescan will no doubt be cause for personal vindication amongst our shareholders. Although, our actions do possess a semblance of retributive justice, it is greatly disappointing that an entity of their magnitude would be reduced to appropriating the technological breakthroughs of others to achieve their own financial objectives.
"The judgment from this litigation will undoubtedly properly readjust their attainment of those objectives. It is important to note that although amply justified, we will not pursue similar underhanded and legally questionable threats of intimidation against their customers or the customers of their customers should these entities purchase the Lifescan patent violated product during the course of this litigation, as Lifescan/J&J repeatedly did to our customers and the customers of our customers. We have always tried to maintain higher standards of integrity and expect to continue to do so."
Forward-Looking Statements:
This release contains the Company's forward-looking statements which are based on management's current expectations and assumptions as of March 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
Copyright © 2016 Marketwired. All Rights Reserved
The above news release has been provided by the above company via the OTC Disclosure and News Service. Issuers of news releases and not OTC Markets Group Inc. are solely responsible for the accuracy of such news releases.
DECN Subsidiaries Sue Johnson & Johnson and Several Divisions for Patent Infringement
Mar 14, 2016
OTC Disclosure & News Service
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DECN Subsidiaries Sue Johnson & Johnson and Several Divisions for Patent Infringement
Company's Decision IT and Pharma Tech Solutions Subsidiaries Demand $400 Million in Damages
LOS ANGELES, CA--(Marketwired - Mar 14, 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 strip, 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™ glucose test strip targeted to the developing world markets, today announced that on March 14, 2016 its wholly owned subsidiaries, Decision IT Corp. and Pharma Tech Solutions, Inc., had filed a lawsuit in the United States District Court, District of Nevada, in Las Vegas, NV, Case 2:16-cv-00564, titled Pharma Tech Solutions, Inc. et al v. Lifescan, Inc. et al which named Johnson & Johnson and its divisions Lifescan, Inc. and Lifescan Scotland Ltd. (hereafter: Lifescan) and alleged infringement against two separate patents owned and/or practiced by the company's subsidiaries. The company is seeking compensation and damages in the amount of $400 million. The news contained in this release covers the companies' U.S. Patent numbers 6,153,069, an apparatus patent, and 6,413,411 method claims. Expanded information related to these actions will be circulated within the next several days.
Forward-Looking Statements:
This release contains the Company's forward-looking statements which are based on management's current expectations and assumptions as of March 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
Copyright © 2016 Marketwired. All Rights Reserved
The above news release has been provided by the above company via the OTC Disclosure and News Service. Issuers of news releases and not OTC Markets Group Inc. are solely responsible for the accuracy of such news releases.
Decision Diagnostics Conveys Opportunities and Potential Following Landmark Circuit Court Ruling Against Diabetes Testing Division of Johnson & Johnson
Feb 09, 2016
OTC Disclosure & News Service
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Decision Diagnostics Conveys Opportunities and Potential Following Landmark Circuit Court Ruling Against Diabetes Testing Division of Johnson & Johnson
Federal Circuit Court's Rule 36 Affirmation Positions DECN to Achieve Significant Market Penetration
LOS ANGELES, CA--(Marketwired - Feb 9, 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 strip, 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™ glucose test strip targeted to the developing world markets, today relays a summary of the arguably illegitimate J&J/Lifescan lawsuit impact on DECN business activity, its current status and future expectations. Corporate annual revenue generation approximated $15+ million from 2009-2012 from existing business activities, prior to the comprehensive 2012-2013 Medicare reimbursement reductions for at-home testing supplies. In 2012 the company assumed total program management of the Genstrip blood glucose test strip; including all regulatory activity directed towards FDA 510k market clearance. Concurrent to this transition, and prior to regulatory approval and Genstrip product introduction, J&J/Lifescan commenced its campaign of litigation, threats and intimidation to prevent the introduction of Genstrip to the diabetic patient population. They collectively filed patent infringement and trademark infringement lawsuits.
The FDA 510k market clearance in November, 2012, activated an intensive product launch and initiated an order wave that deluged manufacturing and overwhelmed capacity. Agreements were quickly executed with mass merchandisers, drug chains and grocery retailers. However, internal expectations for meteoric product growth and rapid revenue escalation were abruptly interrupted by lower court judges, persuaded by J&J/Lifescan assertions of false health risks and their own financial impairment, to enter two preliminary injunctions preventing the continued sale of Genstrip. Prior to the reversal of those injunctions by a rational Federal Circuit Court of Appeals panel, J&J/Lifescan expanded its scorched earth strategy through a communication campaign targeting all existing and prospective Genstrip customers. Each of these accounts received notifications, replete with distortions, suspect legal opinions and an explicit threat to employ the full financial power of the $75 billion corporate giant to sue any commercial Genstrip purchaser for patent infringement. This totally disingenuous, yet highly successful, campaign effectively neutralized the company's marketing plans for the Genstrip product through all second and third party sellers.
Keith Berman, Principal Executive of Decision Diagnostics commented, "We entered 2013 poised to capture a considerable share of the J&J/Lifescan $2+ billion test strip market. Although expecting J&J/Lifescan to make every effort to protect their market monopoly, we did not anticipate the breath of faithless tactics that they would employ to remove our looming threat to their cash cow franchise. Our only option was to repel their attacks and to pursue vindication through unconditional legal victory. We had been counseled that J&J/Lifescan frequently filed baseless lawsuits characterized by unfounded accusations, delaying tactics and often supported by incapable or fraudulent expert witnesses; forcing smaller undercapitalized competitors to capitulate under the weight of staggering legal defense costs. "
The company and its Pharma Tech Solutions subsidiary won, and won unconditionally. As announced, that ruling initiated a company legal claim and the aggressive pursuit of a court mandated J&J/Lifescan $12.7 million bond posted in the event that the imposed injunction was reversed or proven to be invalid. Additional legal pursuit against J&J/Lifescan will be activated for the extensive damages their improper behavior and anti-trust activities have inflicted on the company.
The multiple and final legal victories now reopens the gateway to the rapid business expansion curtailed by the J&J/Lifescan legal assaults and their campaign of threat and intimidation. During the Genstrip legal hiatus from the market, the company has been intensely preparing for the product re-launch. It now is engaged in conversations with multiple national retailers to re-embrace the functional and financial superiority of GenStrip that they found so compelling in 2013.
Mr. Berman continued, "We are energized and reborn. Wasted years, lost opportunity and unnecessary expense are now behind us. We have won so conclusively that the Federal Circuit Court took the uncommon step of awarding us court costs in their Rule 36 decision. That award punctuated their decision and emphasized their conviction in the ruling. We would like to thank all of our shareholders who have supported our efforts and fought the battle with us. We are fully committed to shortly rewarding their patience, investment and encouragement."
The company has also packed the last several years with the planning and development of a suite of new products that it will begin releasing in 2016. Those additions to the family of diagnostic testing products and devices include:
GenUltimate test strip targeted for sale to GPOs, major chain pharmacies, private label sales and mega-distributors.
GenSure test strip, a product for international sales to the developing world markets and which will initially feature a test strip and shortly followed by the release of a test meter.
The Discretion product line of glucose meter systems empowered by Internet radio devices, designed for remote glucose monitoring of diabetes inflicted school-aged, children
Mr. Berman concluded, "Here we are once again after 3+ years; poised to distribute to the millions of diabetic patients a superior and significantly less expensive test strip that have been denied due to the legal and business harassment of J&J/Lifescan. This time we will not be deterred. Rapid growth will be fulfilled and supported by our contract domestic manufacturer and our newly engaged supplemental international manufacturer.
Forward-Looking Statements:
This release contains the Company's forward-looking statements which are based on management's current expectations and assumptions as of February 9, 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.
Decision Diagnostics Corp.
Keith Berman
(805) 446-2973
info@decisiondiagnostics.com
www.decisiondiagnostics.com
www.pharmatechdirect.com
Copyright © 2016 Marketwired. All Rights Reserved
The above news release has been provided by the above company via the OTC Disclosure and News Service. Issuers of news releases and not OTC Markets Group Inc. are solely responsible for the accuracy of such news releases.
DECN Assesses Its Recent Landmark Legal Victories Over Diabetes Division Of Johnson & Johnson
Jan 28, 2016
OTC Disclosure & News Service
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DECN Assesses Its Recent Landmark Legal Victories Over Diabetes Division Of Johnson & Johnson
PR Newswire
LOS ANGELES, Jan. 28, 2016
LOS ANGELES, Jan. 28, 2016 /PRNewswire/ -- 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 ("J&J"
LifeScan OneTouch Ultra family of glucose testing meters, today publishes the first of three detailed analyses concerning: 1) the legal history and current situation of the litigation with the division of J&J, 2) the most recent rulings and upcoming events and their implications to the company, and finally 3) the sea change in the business landscape brought about by the recent ruling. To summarize the current topics: J&J has exhausted all fertile avenues to continue their questionable behavior toward DECN's customers and the customers of DECN's customers, based on strong suggestion and vague legal opinion concerning J&J's centerpiece '105 patent. J&J's use of this patent to intimidate DECN's customers during the litigation process will be part of DECN's overall forward legal strategy that will shortly be pursued.
DECN is now in an unequivocal position to pursue damages originally anticipated when the district court judge ordered a $12.7 million bond be lodged.
While J&J still has a single older patent it may continue to pursue, DECN believes J&J's position is even weaker with this patent because it is believed that this older patent (known as the '862 patent) is not practiced by J&J or DECN and more importantly in our opinion this patent discusses technical features that were impossible to achieve when the patent was granted, and even today many years later, are still impossible to achieve. Further, DECN has a pending Summary Judgment Motion in front of the California trial judge, which will be heard in mid-February.
To review. The company's product Genstrip received regulatory market clearance from the US FDA in November, 2012, over a year after J&J/Lifescan brought the first of its patent infringement suits. Nonetheless, this clearance in turn triggered a successful product launch and a rapid broad market product acceptance. Initial orders and revenue overwhelmed projections and exceeded market expectations. As a result, J&J sought and was unjustly granted a preliminary injunction through their monopolistic use of their '105 patent, preventing the continued sale of Genstrip in the marketplace.
The Federal Circuit Court of Appeals (the high court just beneath the U.S. Supreme Court) reversed that injunction in November 2013, precedentially ruling that the existing and central '105 patent applied to the glucose meter rather than the test strips. The appeals court specifically found that the '105 patent was exhausted once its OneTouch Ultra glucose meters were distributed to customers.
The United States Patent and Trademark Office (USPTO) in August, 2014 determined the '105 patent used by J&J to perpetuate their blood glucose test market monopoly was invalid as obvious and functionally unpatentable; thereby terminating the '105 patent, pending a final appeal. J&J/LifeScan appealed and in doing so contended in the appeal to the Federal Circuit Court that the USPTO's final written decision and conclusion were "replete with legal errors" and the conclusion that the claims of U.S. Patent Number 7,250,105 are obvious, lacked substantial evidentiary support. J&J also argued that the IPR (court) proceeding itself was procedurally flawed, saying that only the Director of the U.S. Patent and Trademark Office, or her proper delegate, were able to institute IPRs.
Last week the Federal Circuit Court affirmed the Final Ruling of the USPTO court. The Federal Circuit's unanimous rejection of J&J/Lifescan's appeal through a Rule 36 summary affirmation unambiguously denies the J&J/Lifescan appeal and mitigates further legal challenge. Rule 36 decisions are rarely challenged or appealed.
This final ruling by the Circuit Court concludes the illegitimate accusations of infringement against DECN/Pharma Tech and its product, Genstrip 50. The allegations related to centerpiece '105 patent which have been repeatedly voiced by J&J and their lawyers have now been conclusively proven to be false. Each Pharma Tech company assertion communicated by public announcement, affidavit, expert testimony, deposition, direct testimony and cross examination has now proven to be absolutely and entirely true. It has been apparent from the outset that the strategy adopted by J&J and their legal counsel had little to do with pursuit of victory through truth and justice. Their relentless personal attacks, accusations and open court allegations coupled with capitalizing on every available legal delay clearly suggests the embrace of scorched earth tactics intended to prejudice lower courts and an obvious attempt to use their superior legal reserves in the misguided hope that the company would be unable to fund a cogent legal defense thereby granting to J&J a further monopoly and the resultant overburden on the US healthcare system.
Their strategy has failed. DECN can conclusively convey that they have won an unconditional victory. J&J and their central '105 patent have been vanquished.
Keith Berman, Principal Executive of Decision Diagnostics commented, "This decisive higher court ruling has altered the legal landscape and ended J&J's test strip monopoly. We have prepared for this landmark event through the addition of an offshore supplemental test strip manufacturer that will enable our fulfillment of the expected global demand for our Genstrip technology. All of our loyal shareholders can now expect the immediate resumption of all marketing and distribution activity that we were forced to abandon, through the illegitimate actions of J&J. "
At this stage, DECN would like to convey their first act following this embarrassment to J&J. As noted, the court imposed the mandatory posting of a $12.7 million bond related to the injunction. That bond was required to compensate Pharma Tech in the event that the court of appeals overturned the injunction and/or the lower court judge erred in his 2013 rulings. The higher courts have not only reversed the injunction but J&J's basis for seeking the injunction, infringement of the '105 patent, has been routed in the US Court of Appeals for the Federal Circuit. The company will quickly and aggressively move to attack that bond and seek the justice that it so clearly deserves.
Mr. Berman concluded, "We should also note and emphasize that we will not be satisfied to solely resume our prior activities. We will seek punishment in the courts for J&J's actions and behavior. We believe the best way to accomplish this is through a combination of success and court ordered financial compensation."
Forward-Looking Statements:
This release contains the Company's forward-looking statements which are based on management's current expectations and assumptions as of January 20, 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
To view the original version on PR Newswire, visit:http://www.prnewswire.com/news-releases/decn-assesses-its-recent-landmark-legal-victories-over-diabetes-division-of-johnson--johnson-300211415.html
SOURCE Decision Diagnostics Corp.
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