Court Thins Misconduct Claims In Syringe Patent War

Law360, New York (October 8, 2008, 12:00 AM EDT) -- A federal judge on Tuesday largely denied syringe maker Retractable Technologies Inc.’s bid to invalidate rival Becton Dickinson & Co.’s patent for a safety syringe, but refused to dismiss one of Retractable’s inequitable conduct claims.

Faced with Becton Dickinson’s allegation that Retractable’s VanishPoint syringes infringe U.S. Patent Number 6,179,812, the syringe maker responded with an affirmative defense, claiming the patent-in-suit was unenforceable because the plaintiff committed inequitable conduct.

While Judge David Folsom of the U.S. District Court for the Eastern District of Texas held that three...
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