Alex Tihonovs /
27 October 2016Americas

Varian files non-infringement suit against Swedish cancer company

Varian Medical Systems,a radiation oncology treatments and software maker, has filed a lawsuit seeking a declaratory judgment of non-infringement in a patent dispute with Swedish cancer treatment company Elekta.

The case, which was filed yesterday, October 26 in the US District Court for the District of Delaware, arose after Elekta informed Varian that it intends to assert infringement of US patent number 8,503,608.

The ‘608 patent covers an apparatus comprising a radiation source which can rotate in an arc around the radiation beam axis.

In a separate case, Elekta filed a complaint against Varian in February, asserting infringement of US patent number 7,961,843. This case is still pending.

The ‘843 patent covers a radiotherapeutic apparatus which comprises a source that is able to emit a beam of therapeutic radiation along a beam axis.

At the same time, Elekta brought patent infringement actions over the ‘843 patent against Varian and its subsidiaries in the UK and Germany.

In connection with Elekta’s latest allegations, Varian sought discovery relating to the ‘608 patent due to its claimed similarity to the ‘843 patent.

As a response to Varian’s discovery requests, Elekta did not dispute the similarity and allegedly said that it would produce responsive documents relating to the ‘608 patent, according to yesterday’s filing.

On October 12, Elekta sent a letter to Varian informing the company that it intends to assert the ‘608 patent against Varian.

Varian has asked the court for a declaratory judgment of non-infringement, as well as an award of costs and expenses for bringing the case to court.

The company has also demanded a jury trial.

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