Summary: CAFC affirms denial of motion to modify damages.

Digest of Retractable Techs., Inc. v. Becton Dickinson & Co.

Case: Retractable Techs., Inc. v. Becton Dickinson & Co., No. 2013-1567 (Fed. Cir. July 7, 2014) (precedential). On appeal from E.D. Tex. Before Lourie and Linn.

Procedural Posture: Defendant appealed district court’s denial of motion to modify damages award following partial success in appealing the infringement judgment on which the award was based to the CAFC. CAFC affirmed.

  • Waiver: The CAFC held that the mandate rule precluded the district court from revisiting damages, which was within the scope of the original judgment, due to defendant’s failure to raise the issue of the damages determination or to request remand of the damages determination in the previous appeal to the CAFC.

Hui Li