Do you mean this part? Is this why Mr. Berman`s fi
Post# of 11802
Quote:
Mr. Berman continued, Regarding our original claims of patent infringement, the Nevada Federal District Court created an issue by buying into J&Js convoluted arguments. That was bad enough, and will be the focus of our appeal, but by accepting J&Js arguments, the Nevada court also short circuited DECNs right and plans to bring a false advertising claim in this action. J&Js Chairman, had extensively discussed the workings of J&Js system in public forums including published and broadcast interviews with the financial media, over a period of time inclusive of the period where the Lifescan division was up for sale. J&Js Chairman represented in the media that J&Js system operated in a manner that if he were taken at his word, clearly infringed DECNs patented system; a clear confession of guilt to patent infringement. However, as time progressed in their lawsuit defense, J&J argued that their Chairman misspoke. If this was true, then J&Js Chairman misspoke numerous times over an extended period, including while the Lifescan division was up for sale, and was never corrected by his staff. We believe these technical misstatements added precipitously to the eventual sale price of Lifescan. We cannot conceive of a scenario that included a sale of a division could occur while a $400 million stone was tied around Lifescans neck.
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