PTAB Rejected the Petitioner’s Argument and Found Claims of a Patent Directed to Therapeutic Radiation not Unpatentable

On June 7, 2017, Elekta Inc. filed four Petitions pursuant to 35 U.S.C. §§ 311–319 to institute inter partes reviews challenging claims of Varian Medical Systems, Inc’s U.S. Patent No. 8,867,703 B2 in Case IPR2016-00315 and Case IPR2016-00380.  In a final written decision, the Board rejected the petitioner’s argument that the patent owner was estopped from arguing the patentability of the subject matter of the canceled claims in the instant proceeding.  The Board also found claims of the U.S. Patent No. 8,867,703 B2 which pertains to therapeutic radiation not unpatentable under 35 U.S.C. § 103(a).


By: Becky E. Steephenson