Final Initial Determination in Certain Radiotherapy Systems and Treatment Planning Software, and Components Thereof

December 23, 2016 – On November 28, 2016, Administrative Law Judge David P. Shaw issued a Final Initial Determination, finding Varian Medical Systems, Inc. et al.’s CT radiotherapy patents invalid as anticipated, invalid as obvious, not invalid as indefinite, not invalid for patentable subject matter, and not unenforceable for inequitable conduct. Judge Shaw further held that Elekta AB et al. induced infringement of and contributorily infringed Varian Medical Systems, Inc. et al.’s patents.

The patents-at-issue are U.S. Patent Nos. 7,880,154, 7,906,770, 7,945,021, 8,116,430, 8,696,538, and 8,867,703 directed towards methods and apparatus for CT radiotherapy treatments. The case is captioned, Certain Radiotherapy Systems and Treatment Planning Software, and Components Thereof, United States International Trade Commission Investigation No. 337-TA-968.

By: Madhundra Sivakumar