Retractable Technologies (RTI), a maker of safety medical devices, has received final judgment and permanent injunction and an order in its patent litigation against Becton, Dickinson and Company (BD).
The US District Court for the Eastern District of Texas, Marshall Division entered judgment for the plaintiff, RTI and against the defendant, BD. The infringing products are BD’s 1ml and 3ml Integra syringes. The court also entered judgment for RTI and against BD for BD’s counter claims for declaratory judgment of non-infringement, invalidity, and unenforceability.
The court ordered that RTI should recover from BD $5,000,000 with prejudgment interest from March 2002 through trial. The court also ordered a permanent injunction for the 1ml and 3ml Integra until the expiration of certain patents.
However, the permanent injunction is stayed for the longer of the exhaustion of an appeal of the case or 12 months from the date of the order, which is May 19, 2010.
The court retains jurisdiction to enforce any and all aspects of the judgment and permanent injunction. Further the court retains jurisdiction to award RTI amounts for supplemental damages, interest, costs, attorneys’ fees and such other relief as may be just and proper. The final judgment is appealable.
RTI has reached an agreement with its counsel, Locke Lord Bissell & Liddell (LLBL), regarding future litigation expenditures that caps RTI’s litigation costs in exchange for a contingent fee interest. The agreement helps ensure the long-term viability of the Company.
RTI manufactures and markets safety medical products, principally VanishPoint automated retraction safety syringes, automated retraction blood collection devices, and automated retraction IV catheters, that eliminate healthcare worker exposure to accidental needlestick injuries.