Sun, Mobius tussle over QA software

Mobius Medical Systems and Sun Nuclear continue to duel over competing radiation therapy quality assurance (QA) software, with Mobius winning a preliminary injunction against Sun in December.

Sun Nuclear had been selling the DoseLab software from Mobius for QA of radiation therapy with linear accelerators. The software is based on Task Group 142 (TG-142) criteria from the American Association of Physicists in Medicine (AAPM).

However, in March 2013 the companies signed a separation agreement that terminated the relationship, effective at the end of 2013.

Sun Nuclear claims the separation agreement enables it to market its own TG-142 software, ImagePro. But Mobius in October filed suit against Sun, charging that ImagePro copied many of the features of DoseLab without permission. Mobius charged Sun with breach of contract, trade secret misappropriation, trade dress infringement, and tortious interference.

On December 10, a U.S. District Court judge in Texas issued a preliminary injunction that prevents Sun from promoting, marketing, advertising, and selling ImagePro. A court date will be set in the future to hear whether the injunction should be made permanent.

The judge found that the "replication of numerous functions and features of DoseLab" in Sun's ImagePro software provided evidence that Sun allegedly used Mobius' trade secrets without authorization, Mobius claims.

For its part, Sun issued a statement indicating that it developed ImagePro without using any trade secrets from Mobius. It claimed that the injunction was issued without any examination of the algorithms, source code, or formulas used in ImagePro.

Sun said it was preparing to file an appeal of the injunction with the U.S. Court of Appeals for the Fifth Circuit.

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