January 21, 2016— Administrative Patent Judge Garth D. Baer, on behalf of the Board, denied patent owner Varian Medical Systems, Inc.’s request to file a motion for additional discovery. The IPR petition was requested by Elekta AB et al of U.S. Patent No. 7,945,021, directed to a multi-mode cone beam CT radiotherapy simulator and treatment machine with a flat panel imager. After institution of IPR, Varian requested additional discovery from authors of prior art references. The Board denied the request, finding that it was unlikely to yield useful information not reasonably available through other means. It noted that the relevant issue, in the present case, was what a person skilled in the art at the time of the invention would understand the asserted references disclose, not what the references’ authors intended to describe. This action is captioned Petition for Inter Partes Review by Elekta Inc., IPR2015-01401 (PTAB).
By: H. Rachael Million-Perez