On June 15, 2007, Retractable Technologies, Inc. (�plaintiff�) filed a complaint against Becton, Dickinson and Company (�BD�) under the caption Retractable Technologies, Inc. vs. Becton Dickinson and Company (Civil Action No. 2:07-cv-250, United States District Court, Eastern District of Texas). Plaintiff alleges that the BD Integra� syringes infringe patents licensed exclusively to the plaintiff. This patent claim was not covered by the release contained in the July 2004 settlement agreement between BD and plaintiff to settle the lawsuit previously filed by plaintiff.
In its complaint, plaintiff also alleges that BD engaged in false advertising with respect to certain of BD�s safety-engineered products in violation of the Lanham Act; acted to exclude the plaintiff from various product markets and to maintain BD's market share through, among other things, exclusionary contracts in violation of state and Federal antitrust laws; and engaged in unfair competition. The non-patent claims purport to relate to actions allegedly taken by BD following the date of the July 2004 settlement agreement referenced above.
Plaintiff seeks treble damages, attorney�s fees and injunctive relief. BD believes it has meritorious defenses to these claims and intends to vigorously defend this lawsuit.