Paul, Weiss secured a significant antitrust appellate victory
for global medical technology company Becton Dickinson &
Company (BD). The landmark decision, by the U.S. Court of Appeals
for the Fifth Circuit, reversed and vacated a $340 million verdict
in favor of a competitor, Retractable Technologies, Inc. (RTI).
In September 2013, Paul, Weiss tried to a jury in the Eastern
District of Texas 12 antitrust claims asserted by RTI, and won all
but one claim, attempted monopolization by means of false
advertising and patent infringement. In the first appellate
decision in recent years to squarely address whether patent
infringement and false advertising can constitute anticompetitive
conduct under antitrust laws, the Fifth Circuit ruled that the
claim against BD was "infirm as a matter of law" and rendered
judgment for BD.
Writing for the panel, U.S. Circuit Judge Edith H. Jones wrote
that false advertising and patent infringement cannot be considered
anticompetitive conduct. While it might harm a competitor, the
panel concluded, it does not harm the competitive process.
The Paul, Weiss team included litigation partners Bob Atkins,
Rubin and Bill Michael, and counsel Steve
Herzog, Dan Crane, Farah Berse and Gary
December 2, 2016
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