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Franklin Lakes, NJ (June 05, 2000) -- A jury in New York Federal District Court ruled in favor of BD (Becton, Dickinson and Company) (NYSE: BDX - news) in a multi-patent infringement lawsuit brought by rival Novo Nordisk. In its verdict, the jury declared invalid two patents owned by Novo Nordisk on a pen-type insulin-injection system. The verdict means that BD can continue to manufacture and market its 30 gauge BD Ultra-Fine™ II and Micro-Fine+™ short insulin pen needles without having to pay a licensing fee to Novo Nordisk. "BD has always prided itself on being an innovator in insulin delivery devices and on marketing an array of products that best meets needs of persons who take insulin,'' said John Lowry, Vice President and General Manager of BD Worldwide Consumer Healthcare. By finding in our favor, the jury found that Novo's patents are invalid and were issued in error. The evidence presented in the case clearly demonstrated that Novo's pen needle design did not incorporate any technology not previously known or available to BD."
BD is the world's leading manufacturer of insulin delivery devices. In the United States, nearly nine out of ten people who take insulin use a BD brand needle every day. Insulin pens are pen-shaped devices that may be used by persons with diabetes in place of a syringe, for their daily doses of insulin. They are used with single-time use, disposable pen needles that are attached to the pen device before each injection. Pen devices are widely used for insulin administration outside of the U.S. and are growing in popularity here. BD markets pen needles in a variety of lengths and gauges (thicknesses) for use with BD insulin pens and Lilly insulin pens and as replacement needles for Novo Nordisk insulin pens. In the United States, BD offers a 29 gauge pen needle and a 31 gauge pen needle; the thinnest pen needle available in this country. The 30 gauge pen needles, which were the subject of this case, are manufactured in the United States for sale in other markets.
BD is a medical technology company that manufactures and sells a broad range of supplies, devices and systems for use by health care professionals, medical research institutions, industry and the general public. For the fiscal year ended September 30, 1999, BD reported total revenues of $3.4 billion and net income of $276 million.
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