Becton Dickinson Files Certiorari Petition Concerning Damages Issue

January 22, 2015 – Becton Dickinson and Company filed a petition for a writ of certiorari with the Supreme Court to review a decision on a damages claim by the Federal Circuit.  The litigation relates to infringement by Becton Dickinson of three Retractable Technologies Inc. patents that cover two types of Becton Dickinson’s Integra syringes, which are syringes that have retractable needles to prevent medical professionals from accidental contamination.  The patents at issue are U.S. Patent No. 7,351,224, entitled “Retractable Syringe Assembly Designed For One Use”; U.S. Patent No. 6,090,077, entitled “Syringe Plunger Assembly and Barrel”; and U.S. Patent No. 5,632,733, entitled “Tamperproof Retractable Syringe.”  The petition asks the Supreme Court to resolve a current circuit split among the federal appeals courts regarding whether the general verdict rule applies to damages claims.  Becton Dickinson was required to pay a $5 million damages verdict to RTI despite the Federal Circuit partially reversing the District Court’s ruling that only one of Becton Dickinson’s Integra syringes infringed.

By: Frederick C. Millett

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