Articles Posted in U.S. Court of Appeals for the Fifth Circuit

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BD and RTI are competitors in the market for syringes of various types and IV catheters. This appeal arises from a $340 million jury verdict (after trebling) entered against BD for its alleged attempt to monopolize the United States safety syringe market in violation of Section 2 of the Sherman Antitrust Act, 15 U.S.C. 2. BD was also found liable for false advertising under Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a)(1)(B). The district court, relying on principles of equity, held that the treble damage award subsumed BD’s liability to disgorge profits from the false advertising, but the district court enjoined BD to stop using those ads and notify customers, employees, distributors, and others about the false claims. The court concluded that the Section 2 claim for attempt to monopolize is infirm as a matter of law where patent infringement, which operates to increase competition, is not anticompetitive conduct; false advertising is a slim, and here nonexistent, reed for a Section 2 claim; and the allegation that BD “tainted” the market for retractable syringes while surreptitiously plotting to offer its own retractable a few years later is unsupported and incoherent. The court affirmed the Lanham Act judgment of liability for false advertising but reversed and remanded for a redetermination of disgorgement damages, if any. Accordingly, the court vacated and remanded the injunctive relief for reconsideration. View "Retractable Technologies, Inc. v. Becton Dickinson & Co." on Justia Law