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  4. Decision Diagnostics Corp (DECN) Message Board

The good news is that within 3 or 4 months we shal

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Post# of 11803
(Total Views: 384)
Posted On: 10/25/2019 7:36:40 PM
Posted By: plutonium
Re: biotech7 #8072
The good news is that within 3 or 4 months we shall know if the the appeal is successful or not.

Really, I believe we'll know sometime before Christmas. But then again I don't frequent message boards masquerading as an expert. I AM an expert in my field and I follow the words of other experts.


Of course, this appeal only speaks to the summary judgment against the Company. Assuming a longshot reversal, the case would then begin the discovery phase, a litany of pleadings and answers will be filed and eventually a trial.

Really, the appeal became less of a long shot when the judges didn't unanimously toss out the appeal. A lot less.

As far as the case is concerned, discovery has been completed, depositions taken, expert reports written and the the depositions of experts taken. There are a few additional depositions to take, like for example the J&J Chairman who has a very difficult task explaining his words uttered in public -- 21 times. When this case gets back to Las Vegas, if it is not settled first, DECN will move for a quick Markman Hearing (you know what that is being an expert and all) and then a trial. If J&J is not in the mood to settle and wants to roll the dice. The trial should be in June-August 2020, somewhere in that period. But this case will not go to trial. Too much at stake for J&J to take the risk as they did in the talcum powder cases after killing some people with cancer over Tylenol 5-6 years ago.


The Company is in terrible financial straits and any funding the Company gets will continue to massively dilute shareholders.

And you know this how? Because you've run a public company, because you've spoken with Messrs. Berman or Jagunich? In addition to being a worlds expert in diabetic test strips, the guy everyone in the industry calls first, you also are a financing expert for boutique companies like DECN? You do know that DECN can borrow by my guess $5 million against a patent infringement settlement. A loan against a litigation with a potential big outcome, going in the right direction, will create zero dilution. Lots of reputable companies lending money these days. Did they teach that in penny stock trading school?


A victory in the appeal will certainly not be as earth-shattering as when the previous litigation found the patent of Johnson and Johnson invalid.

That wasn't the big victory last go-around. The Precidential Ruling over exhaustion flipped J&J's case against DECN and drove the stock over $1.00. The death of a patent over a year later, which went all the way to the Supreme Court, was anti-climatic. It did allow the flips and servile traders to create a short rise to $.45. Then the talk of cash dividend began and the stock retraced. Come on now, you are better than that.


It could put the Company in position to get financing or a settlement. This continues to be a very high risk low return play even for investors that have an average cost over .03 pennies.

Oh really? I see it otherwise because I have done a lot of DD on DECN, I understand patent law, and I also know how and when J&J over-reaches. This case is worth a mint.





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