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RETRACTABLE TECH. v. BECTON, DICKINSON AND CO.

No. 2010-1402.

653 F.3d 1296 (2011)

RETRACTABLE TECHNOLOGIES, INC. and Thomas J. Shaw, Plaintiffs-Appellees, v. BECTON, DICKINSON AND COMPANY, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

July 8, 2011.

Attorney(s) appearing for the Case

Roy W. Hardin , Lock, Lord, Bissell & Liddell, LLP, of Dallas, TX, argued for plaintiffs-appellees. With him on the brief were Cynthia Keely Timms and Mark R. Backofen .

William F. Lee , Wilmer, Cutler, Pickering, Hale, and Dorr, LLP, of Boston, MA, argued for defendant-appellant. With him on the brief were Lisa J. Pirozzolo; and William G. Mcelwain and Heath A. Brooks , of Washington, DC.

Opinion for the court filed by Circuit Judge LOURIE. Concurring opinion filed by Circuit Judge PLAGER. Dissenting-in-part opinion filed by Chief Judge RADER.

LOURIE, Circuit Judge.

Becton, Dickinson and Company ("BD") appeals from the final judgment of the United States District Court for the Eastern District of Texas in favor of Thomas J. Shaw and Retractable Technologies, Inc. (collectively, "RTI"). See Retractable Techs., Inc. v. Becton, Dickinson & Co., No. 2:07-CV-250, Final Judgment and Permanent Injunction (ECF No. 366) (E.D.Tex. May 19, 2010) ("Final Judgment"). The judgment follows a trial where...

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