ITC Denies Elekta’s Motions to Compel and Strike

April 25, 2016 – Respondents filed a motion to compel further deposition testimony from complainants’ corporate witnesses regarding the conception and reduction to practice of the asserted patents and a motion to strike complainants’ supplemental domestic industry contentions served six days after the deadline on March 25, 2016.  The ITC denied respondents’ motion to compel because attempts to refresh the corporate witness’s recollection were “marginally successful” and “one cannot compel a witness to remember.”

The ITC denied respondents’ motion to strike; however, it did find that the respondents were “unduly prejudiced” by the complainants attempts to add claims to its complaint the night before a deposition and therefore respondents should be given an opportunity to continue the deposition of the corporate witness and, if necessary, request limited supplemental fact discovery from the complainants.

The patents at issue are U.S. Patent No. 7,880,154, entitled “Methods and apparatus for the planning and delivery of radiation treatments,” U.S. Patent No. 7,906,770, entitled “Methods and apparatus for the planning and delivery of radiation treatments,” U.S. Patent No. 7,945,021, entitled “Multi-mode cone beam CT radiotherapy simulator and treatment machine with a flat panel imager,” U.S. Patent No. 8,116,430, entitled “Multi-mode cone beam CT radiotherapy simulator and treatment machine with a flat panel imager,” U.S. Patent No. 8,696,538, “Methods and apparatus for the planning and delivery of radiation treatments,” and U.S. Patent No. 8,867,703, “Multi-mode cone beam CT radiotherapy simulator and treatment machine with a flat panel imager.”

The case is before the International Trade Commission and is captioned: Radiotherapy Systems and Treatment Planning Software, and Components Thereof, ITC-337-TA-968.

By: David G. Varghese