Antitrust Treble Damages For Patent Infringement? Yes, According To Groundbreaking Decision

The Eastern District of Texas recently held that patent infringement can constitute anticompetitive conduct for monopolization claims under Section 2 of the Sherman Act, in Retractable Technologies Inc. v. Becton Dickinson & Co., No 2:08-cv-00016 (E.D. Tex.).

After an eight-day trial, the jury for Retractable Technologies found that Becton Dickinson had attempted to monopolize the market for safety syringes, as well as committed false advertising under the Lanham Act. The jury awarded $113.5 million in damages. Last week, Retractable Technologies announced it will seek to treble the damages award.

At the close of evidence, the trial court instructed the jury that, in order to find that Becton Dickinson had monopolized or attempted to monopolize any market, it must find that Becton Dickinson committed an anticompetitive act. The trial court then listed the anticompetitive acts Retractable Technologies had...