In a regulatory filing, Becton, Dickinson and Company (BDX -0.8%) reports that an appeals court overturned a September 2013 jury verdict of $113.5M awarded to Retractable Technologies (RVP -1.5%) in its attempted monopolization claim against the company, an award that would have been trebled under the antitrust statute.
The court affirmed the judgement finding BDX liable under the Lanham Act and remanded it to the district court to consider if and how much of BDX's profit should be disgorged under the claim. The appeals court also vacated and remanded the injunction ordered by the district court.
RVP accused BDX of attempting to monopolize the safety syringe market and committing false advertising under the Lanham Act.
The U.S. Court of Appeals for the Fifth Circuit denies Becton, Dickinson & Company's (BDX -1.3%) motion for stay of injunction pending appeal in its case against Retractable Technologies (RVP +1.6%). One of the requirements of the injunction mandates that BDX notify its customers and others no later than February 14 that it wrongfully distributed false and misleading advertisements.