Retractable Technologies, Inc. v. Becton Dickinson and Company, No. 2:07-cv-00250 (E.D. Tex. Aug. 7, 2013)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Before the Court is Defendant Becton, Dick inson and Company’s Rule 60(b)(5) Motion to Conform Judgment to Federal Circuit Manda te (Dkt. No. 395), filed on March 8, 2013. The Magistrate Judge issued a Report and Recommendation on May 13, 2013 (Dkt. No. 402) recommending denial of the Motion. BD relies upon cases where damage awards were revi sited after the partial reversal of a jury’s finding of infringement. Accentra, Inc. v. Staples, Inc., 500 Fed. Appx 922 (Fed. Cir. 2013); Verizon Services Corp. v. Vonage Holdings Corp., 503 F.3d 1295 (Fed. Cir.