Johnson & Johnson Division Attempts Final Appeal in Effort to Overturn Multiple USPTO Decisions Issued in DECN's Favor

LOS ANGELES, CA--(Marketwired - Mar 31, 2015) - 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 LifeScan OneTouch Ultra family of glucose testing meters, today announced that Lifescan/J&J has filed its final appeal in the United States Court of Appeals for the Federal Circuit (the patent appeals court), in an effort to overturn an IPR (USPTO court) decision by the U.S. Patent and Trademark Office that Pharma Tech proved that all of the claims in J&J/Lifescan's U.S. Patent 7,250,105, are unpatentable.

In late 2012 Pharma Tech introduced a dynamic blood glucose test strip offering the diabetic patient a superior and significantly less expensive product option. Lifescan, the dominant market leader responded to a future competitive threat in September 2011 by filing a patent infringement lawsuit in advance of product availability or approval that was later modified to include an additional patent and a request for a preliminary injunction. According to the company, despite questionable and unethical legal tactics, that included the use of a fraudulent legal expert, the higher courts have consistently supported Pharma Tech and its legal contentions against J&J/Lifescan.

Keith Berman, Principal Executive Officer of Decision Diagnostics commented, "Johnson & Johnson/Lifescan has, not surprisingly, chosen to continue its illegitimate campaign to deprive the diabetic public the opportunity to purchase a superior glucose test strip at a considerably reduced price. Despite repeated legal losses that have effectively neutralized U.S. Patent 7,250,105, Johnson & Johnson/Lifescan have now opted to exhaust their final remaining legal option two weeks after we rejected their unacceptable settlement offers. Therefore, it is our opinion and that of outside legal experts that this course is not being pursued by Johnson & Johnson/Lifescan with the intent of overturning the lower court decisions; it is simply a continuation of their 'charred earth' legal strategy. They are intentionally manipulating the legal system to delay an inevitable final decision through tactics that include repeated delays, and lengthy appeals, despite the courts clarity and specificity in their learned decisions."