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Decision Diagnostics wins U.S. patent lawsuit against Lifescan

The Federal Circuit Court ruling reverses J&J/Lifescan's 15-year test strip monopoly.
Decision Diagnostics wins U.S. patent lawsuit against Lifescan
The US Court of Appeals for the Federal Circuit has affirmed the final ruling of the USPTO court.

Decision Diagnostics (OTCMKTS:DECN) surged on Thursday after the provider of home testing products won a U.S. patent lawsuit against Lifescan Scotland Ltd.

Shares jumped 34% to $0.195 at 1:49 p.m. in New York.

The United States Court of Appeals for the Federal Circuit has affirmed the final ruling of the USPTO court, The Westlake Village, California-based company said in a statement on Thursday.

The ruling brought an end to a nearly three year challenge brought by Decision’s unit Pharma Tech Solutions against Lifescan Scotland Ltd.

Decision Diagnostics brought its action in 2013, disputing the patentability of claims 1-3 in U.S. Patent No. 7,250,105.

The company won a final ruling in August 2014 "by a preponderance of the evidence" in a USPTO court process.

The Federal Circuit's unanimous rejection of Lifescan's appellate motions through a Rule 36 summary affirmation unambiguously denies their petition and mitigates further legal challenge.

"The Circuit Court has again and finally affirmed the legal position that we originally took nearly three years ago,” CFO Keith Berman was quoted in the statement as saying.



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