Radiation oncology firm Varian Medical Systems said that an administrative law judge with the United States International Trade Commission (USITC) has issued an initial determination in its favor for the firm's ongoing patent dispute with fellow radiation oncology vendor Elekta.
In a 465-page decision issued on October 27, the administrative law judge found violations based on Elekta's importation and sale of radiotherapy systems using linear accelerator-based volumetric modulated arc therapy (VMAT) technology, according to Varian. In addition, the judge said that public interest factors did not preclude relief in this case and recommended that the USITC issue cease and desist and limited exclusion orders preventing Elekta from selling and importing its radiotherapy systems with infringing VMAT capabilities in the U.S., Varian said.
The full six-member International Trade Commission will now review the judge's rulings. It is expected to issue a decision in February 2017.
In an October 30 press release, Elekta cited portions of the ruling that it believes favored its position in the patent case.
