I was more interested in learning about where DECN
Post# of 11803
(Total Views: 444)
Posted On: 10/18/2019 8:25:02 PM
Re: mrmaskedman #7959
I was more interested in learning about where DECN was in the evolution of this case. The door is still open for a Rule 36.
The chances of a Rule 36 down the line are slim and none. There is a miniscule chance that the stars could align and the judges, well after the hearing, could decide that DECN was full of skat and to just blow them out. But opinion writing has now been assigned. Six or seven weeks comes before Christmas. There will be a ruling if there is not a settlement. If there is a settlement to DECN's liking they will dismiss the case in the Federal Circuit court with prejudice.
How will J&J act. Will they be concerned with all of the wrong things, or will their management person decide they have had enough of DECN and pay them and get rid of them. The two companies have been at it for 8 freaking years.
The opposition, as you call them, are no longer in the test strip business. They also have the company they sold the business to breathing down their necks because KB, at any time, if he gets pizzed off, could order his lawyers to file for an injunction to stop sales of what is known as the "offending product" until the case is resolved. Waiting for the appeal process to be over might be something a stock trader would do, but not something a CEO would do.
Filing for an injunction can cut both ways. DECN could lose its injunction case and as such lose leverage in the case at large, but if they won the injunction it would bring a bunch of guys to the table real quick. It would also eliminate any chance of doing further business with Lifescan's new owner. This is why, in my opinion KB hasn't tried this gambit. It is also why he has probably taken my advice and the advice of a bunch of people and doesn't listen to stock traders.
This is but one example of why.
The chances of a Rule 36 down the line are slim and none. There is a miniscule chance that the stars could align and the judges, well after the hearing, could decide that DECN was full of skat and to just blow them out. But opinion writing has now been assigned. Six or seven weeks comes before Christmas. There will be a ruling if there is not a settlement. If there is a settlement to DECN's liking they will dismiss the case in the Federal Circuit court with prejudice.
How will J&J act. Will they be concerned with all of the wrong things, or will their management person decide they have had enough of DECN and pay them and get rid of them. The two companies have been at it for 8 freaking years.
The opposition, as you call them, are no longer in the test strip business. They also have the company they sold the business to breathing down their necks because KB, at any time, if he gets pizzed off, could order his lawyers to file for an injunction to stop sales of what is known as the "offending product" until the case is resolved. Waiting for the appeal process to be over might be something a stock trader would do, but not something a CEO would do.
Filing for an injunction can cut both ways. DECN could lose its injunction case and as such lose leverage in the case at large, but if they won the injunction it would bring a bunch of guys to the table real quick. It would also eliminate any chance of doing further business with Lifescan's new owner. This is why, in my opinion KB hasn't tried this gambit. It is also why he has probably taken my advice and the advice of a bunch of people and doesn't listen to stock traders.
This is but one example of why.
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