Paul, Weiss Wins Fifth Circuit Appeal for Becton, Dickinson

Paul, Weiss won a major appeal in the Fifth Circuit on behalf of client Becton, Dickinson and Company (BD) in a long-running antitrust and false advertising litigation brought by competitor Retractable Technologies, Inc. (RTI). 

RTI sought disgorgement of BD’s profits, based on claims of false advertising. The Fifth Circuit affirmed a judgment by the Eastern District of Texas rejecting RTI’s claim for disgorgement and ordering that RTI “take nothing.” Paul, Weiss had previously defeated at trial 11 of 12 antitrust claims brought by RTI and won another major appellate victory in 2016 when the Fifth Circuit reversed a judgment in RTI’s favor on the 12th antitrust claim. 

The Paul, Weiss team representing Becton, Dickinson includes litigation partners Robert Atkins, William Michael and Jacqueline Rubin.