Final Written Decision Holds Claim in Varian Medical Systems, Inc.’s Patent is Unpatentable

On  June 20, 2017, Elekta AB, Elekta Holdings US, Inc., Elekta Ltd., and Elekta, Inc. were able to show that claim 6 of the patent owned by Varian Medical Systems, Inc., Varian Medical Systems AG, Varian Medical Systems Nederland BV, Varian Medical Systems Nederland Holdings BV, was unpatentable. Claim 6 of U.S. patent number 8,116,430 was held to be unpatentable on both obviousness, and anticipation grounds. The PTAB found that one skilled in the art would understand that a cited 2001 article anticipated the claim limitation of a translatable treatment couch. Similarly, the PTAB also found that the Petitioners demonstrated that the same claim is obvious in light of the 2001 article. The ‘430 patent is titled “Multi-Mode Cone Beam CT Radiotherapy Simulator and Treatment Machine with a Flat Panel Imager” and relates to a radiotherapy simulator and treatment machine that uses a flat panel imager to capture x-ray data to generate a cone beam. The IPR number is 2016-00476.

By: Nicholas Marcello