Retractable Technologies wins a round against Becton Dickinson

September 11, 2013 by Brad Perriello

A federal judge rules that patent infringement can be anti-competitive in an anti-trust lawsuit filed against Becton Dickinson by Retractable Technologies.

Retractable Technologies wins a round against Becton Dickinson

Becton Dickinson & Co. (NYSE:BDX) lost its bid to toss anti-trust claims stemming from patent infringement in a lawsuit filed by Retractable Technologies (NYSE:RVP), after a federal judge ruled that infringement could constitute anti-competitive behavior.

The case, which went before a Texas jury yesterday, is the latest in a long-running patent battle between the companies, which began when Texas-based Retractable Technologies sued on allegations that Becton's Integra syringes infringe patents covering its competing VanishPoint devices.

It's the 1st time that both antitrust and false advertising claims will be heard in court, as previous judges ruled to split the claims into separate lawsuits.

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BD moved to toss the case, arguing that prior case law shows that no judge has ever ruled patent infringement to be anti-competitive.

But Judge Leonard Davis of the U.S. District Court for Eastern Texas denied the motion, ruling that just because it's never happened before doesn't mean it couldn't happen now.