A federal appeals court yesterday upheld a U.S. Patent & Trademark Office decision that a blood glucose testing patent owned by JNJ subisidary LifeScan is invalid.
The U.S. Court of Appeals for the Federal Circuit’s per curiam decision, issued without comment, was a win for Decision Diagnostics (OTC:DECN) subsidiary PharmaTech Solutions and its GenStrip 50 test strip. PharmaTech designed the GenStrip 50 to work with LifeScan’s OneTouch Ultra glucometer line, Decision Dx said.
“The circuit court has again and finally affirmed the legal position that we originally took nearly 3 years ago. They have now definitively and adamantly denied J&J/Lifescan’s claims regarding U.S. Patent No. 7,250,105, which also mitigates J&J/Lifescan’s assertions of patent infringement against us. In rendering this ruling, the Circuit Court has now entirely vindicated all of our prior actions and processes,” CFO Keith Berman said in prepared remarks. “We intend a comprehensive update in the next several days discussing these matters and their implications for our company. In the meantime we wish to emphasize that we have now won this war and won it conclusively.”
DECN shares surged 29.2% today to 18.8¢ apiece in mid-morning activity.