Patent Infringement Can Be Anti-Competitive, Judge Rules

Law360, New York (September 10, 2013, 5:24 PM EDT) -- 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...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.