RETRACTABLE TECH., INC. v. BECTON DICKINSON & CO.

No. 14-41384.

842 F.3d 883 (2016)

RETRACTABLE TECHNOLOGIES, INCORPORATED; Thomas J. Shaw, Plaintiffs-Appellees v. BECTON DICKINSON & COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed December 2, 2016.


Attorney(s) appearing for the Case

Roy W. Hardin , Paul Featherstone Schuster, Esq. , Cynthia Keely Timms, Esq. , Stephen David Wilson , Locke Lord LLP, Dallas, TX, for Plaintiffs-Appellees.

Robert A. Atkins , Attorney, William B. Michael , Paul, Weiss, Rifkind, Wharton & Garrison, L.L.P., New York, NY, Samuel Franklin Baxter , Senior Litigation Counsel, McKool Smith, P.C., Marshall, TX, Robert David Daniel , Alistair Byrne Dawson , Russell S. Post , Beck Redden, L.L.P., Houston, TX, Robert Elkin , Rosemary Tyson Snider , Senior Litigation Counsel, McKool Smith, P.C., Dallas, TX, for Defendant-Appellant.

Before JONES, WIENER, and HIGGINSON, Circuit Judges.


This appeal is the latest chapter in the long-running legal disputes between Becton Dickinson & Co. ("BD") and Retractable Technologies, Inc. ("RTI"), competitors in the market for syringes of various types and IV catheters. It arises from a $340 million jury verdict (after trebling) entered against BD for its...

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