Patent Infringement Can Be Anti-Competitive, Judge Rules
By Emily Atkin
Law360, New York (September 10, 2013, 5:24 PM ET) -- Patent infringement can amount to anti-competitive conduct under federal antitrust law, a Texas federal judge ruled Monday, keeping intact a suit brought by Retractable Technologies Inc. against rival Becton Dickinson & Co. alleging a monopoly in the syringe industry.
U.S. District Judge Leonard Davis adopted the Aug. 5 recommendations of U.S. Magistrate Judge Roy S. Payne, who rejected BD's argument that no judge had ever ruled patent infringement to be anti-competitive under the Sherman Act. Judge Payne said just because it had never been done, it...