The Supremes denied BD’s petition for a writ of certiorari April 20, ending 1 chapter in the companies’ long-running battle over the patents covering RTI’s VanishPoint syringes.
After RTI sued in 2007, a federal appeals court decided in July 2011 to reverse an earlier jury finding that both the 1m and 3ml sizes of the BD syringe infringed the Retractable patent, ruling that only the smaller size infringed. That same court later denied Retractable’s bid for a re-hearing, setting the stage for an appeal to the U.S. Supreme Court. But the high court refused to hear Retractable’s appeal, prompting another lawsuit.
A jury later found that BD made false claims in ads for its Integra, Safety-Lok, SafetyGlide and Eclipse safety syringes, awarding $113.5 million after finding that BD violated the Lanham Act’s false advertising proscription. BD later lost an initial bid to toss the case, after Judge Leonard Davis of the U.S. District Court for Eastern Texas ruled that infringement can constitute anti-competitive behavior. Davis later declined BD’s bid to overturn the verdict.
Earlier this year BD won a partial victory when Davis allowed it to delay notifying end users about its false advertising for its pre-filled syringes.