Retractable Technologies, Inc. v. Becton Dickinson & Co., No. 17-40960 (5th Cir. 2019)
Annotate this CaseIn this Lanham Act case, the Fifth Circuit held that the district court did not abuse its discretion in determining that neither disgorgement of profits nor further injunctive relief would be equitable in an action where the jury found that BD falsely advertised its products for years. In this case, RTI has presented no reason to conclude that the district court clearly erred in this determination or that it abused its discretion by denying further injunctive relief. Furthermore, the district court's denial of disgorgement of profits from RTI's competitor was made against the larger backdrop of its prosecution of a meritless antitrust claim against BD for conduct in the marketplace—during a time in which RTI nearly doubled its own sales and increased its share of the retractable syringe sub-market to two-thirds.
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