U.S. Solicitor General Intervenes Against Johnson & Johnson in DECN's Long Running Patent Battle Over GenStrip 50

LOS ANGELES, CA--(Marketwired - Apr 14, 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 Alternative Strip, specifically designed to work with the market leading Johnson & Johnson's LifeScan OneTouch Ultra family of glucose testing meters, the most popular meter worldwide for diabetic use, announced today that the United States government through its Solicitor General has intervened in the recent appeal filed by J&J/Lifescan in the United States Court of Appeals for the Federal Circuit (the patent appeals court).

Having received successive unfavorable legal patent decisions concerning its '105 patent, Johnson & Johnson recently filed their final appeal in an attempt to maintain exclusivity over the blood glucose test market. Prior appellate court rulings have consistently affirmed that Pharma Tech's GenStrip legally and justifiably entered the market to compete with the Lifescan franchise. Those rulings have been specific in their opinion and narrowly precise in the interpretation of the law. The clarity and comprehensiveness of the recent USPTO decision effectively neutralized a cogent legal basis for appeal. Desperate to extend the legal process, the most recent J&J/Lifescan appeal necessarily attacked not just the law and the ruling against them, but also the Director of the USPTO and challenged the rights to render a decision as per agency dictates.

Keith Berman, Principal Executive Officer commented, "Pharma Tech has from the outset acted responsibly, professionally and ethically in the development and introduction of a superior and inexpensive blood glucose test strip. Lifescan responded to us, a new viable competitor, by initiating a relentless series of disingenuous attacks beginning even before the GenStrip market introduction. Their singular strategy has been to expend unlimited resources to eviscerate the product and company by employing any illegitimate tactic that they and their lawyers could devise. Pharma Tech has successfully weathered this onslaught for several years. Their latest appeal demonstrates a clear desperation to extend the legal battle and also a willingness to employ any tactic to do so."