Judge finds in favor of Elekta in dispute with Varian

A U.S. administrative law judge issued an initial determination on October 27 in a litigation dispute between radiation oncology firms Elekta and Varian Medical Systems, finding in favor of Elekta.

The administrative law judge of the United States International Trade Commission (USITC) dismissed Varian's infringement claims on patents related to imaging-enhanced radiotherapy and declared them not infringed by Elekta or invalid due to prior art incorporated in patents exclusively licensed by Elekta, according to an Elekta press release.

However, certain parts of Elekta's radiotherapy systems are violating patents owned by Varian, predominantly related to algorithms used in treatment-planning software.

The judge's initial determination is being analyzed, and several grounds have been identified on which to seek review of the initial determination before the USITC, Elekta said.

Elekta has previously filed parallel proceedings at the U.S. Patent and Trademark Office, which have been instituted, to declare these patents invalid.

This initial determination of the USITC will be subject to procedural reviews within the commission before any final determination is reached, which will likely last until the end of Elekta's 2016-2017 fiscal year, the firm said.

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