Grasshopper, the pharmaceutical industry is life a

Grasshopper, the pharmaceutical industry is life and death competitive. The DECN battle with J&J is well known, some say famous, because it is widely known that J&J not only lost, but got caught doing some dastardly and illegal actions, including working with the knowledge that the trial judge had massive legal conflicts with J&J's lawyers. It is also famous because the case went all the way to the U.S. Supreme Court. The IP legal community loved the case, even if DECN shareholders didn't care in the least. In fact throughout the case DECN shareholders and non-shareholders pounded Mr. Berman unmercifully, even more so after the settlement. The case also proved that J&J has an "Achilles heel," that is J&J doesn't document its IP very well.

When DECN first tangled with J&J, in 2011, their diabetes testing business was just a little less than $3 billion worldwide. This market erosion wasn't well known until DECN exploited this weakness. Today J&J's diabetes business has declined to about $1.5 billion and that includes two divisions that were part of a 2015 reorganization and internal merger.

Life isn't fair.