UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

FORM 8-K

CURRENT REPORT PURSUANT TO

SECTION 13 OR 15(D) OF THE

SECURITIES EXCHANGE ACT OF 1934

Date of Report (Date of earliest event reported) December 5, 2016 (December 2, 2016)

BECTON, DICKINSON AND COMPANY

 

(Exact Name of Registrant as Specified in Its Charter)

New Jersey

 

(State or Other Jurisdiction of Incorporation)

 

001-4802		22-0760120
(Commission File Number)		(IRS Employer Identification No.)
1 Becton Drive, Franklin Lakes, New Jersey		07417-1880
(Address of Principal Executive Offices)		(Zip Code)

(201) 847-6800

 

(Registrant’s Telephone Number, Including Area Code)

N/A

 

(Former Name or Former Address, if Changed Since Last Report)

Check the appropriate box below if the Form 8-K Filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

[]    Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230425)

[]    Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

[]    Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

[]    Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

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Item 8.01.    Other Events.

On December 2, 2016, the United States Court of Appeals for the Fifth Circuit issued an opinion in the lawsuit filed against Becton, Dickinson and Company (“BD”) by Retractable Technologies, Inc. (“RTI”).  The Court reversed the September 19, 2013 jury verdict which awarded RTI $113,508,000 for its attempted monopolization claim (which would have been trebled under the antitrust statute), and rendered judgment on that claim in favor of BD.  The Court affirmed the judgment for Lanham Act liability, but remanded to the district court to consider whether and how much profit should be disgorged on that claim.  The Court vacated and remanded the injunction ordered by the district court.

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SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

	BECTON, DICKINSON AND COMPANY
	(Registrant)
	By:	/s/ Gary DeFazio
		Gary DeFazio
		Senior Vice President and Corporate Secretary

Date: December 5, 2016