PTAB Institutes IPR by Elekta Inc.

January 5, 2016—Administrative Patent Judge Garth D. Baer of the United States Patent and Trademark Office Patent Trial and Appeal Board instituted a petition for Inter Partes Review by Elekta Inc., concerning Varian Medical Systems, Inc.’s U.S. Patent No. 7,945,021 B2 (entitled, “Multi-mode cone beam CT radiotherapy simulator and treatment machine with a flat panel imager”). The petition requested IPR of claims 1, 4-7, 14-15, 53, and 60-61. The decision granted institution under 35 U.S.C. §§ 102(b) and 103(a), finding each of the challenged claims unpatentable. One member of the panel, however, dissented-in-part, arguing that the petition should have a new filing date to reflect the date petitioner amended its Real Party-in-Interest disclosures, otherwise such precedent will promote gamesmanship relating to the estoppel provisions of 35 U.S.C. § 315(e). The majority noted that a new filing date was discretionary and held no jurisdictional character, similar to other defects made during filing. This case is captioned, Inter Partes Review by Elekta Inc., IPR2015-01401 (PTAB).

By: H. Rachael Million-Perez

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