On November 10, 2015, ALJ David P. Shaw issued Order No. 5 in Certain Radiotherapy Systems And Treatment Planning Software, and Components Thereof (Inv. No. 337-TA-968).

By way of background, this investigation is based on a September 25, 2015 complaint filed by Varian Medical Systems, Inc. and Varian Medical Systems International AG alleging violation of Section 337 in the importation into the U.S. and sale of certain radiotherapy systems and treatment planning software and components thereof that infringe one or more claims of U.S. Patent Nos. 7,945,021; 8,116,430; 8,867,703; 7,880,154; 7,906,770; and 8,696,538.  See our September 30, 2015 and November 3, 2015 posts for more details on the complaint and Notice of Investigation, respectively. 

According to Order No. 5, ALJ Shaw set February 14, 2017 as the target date for completing this investigation (which is approximately 15.5 months after institution of the investigation).  ALJ Shaw further noted that the initial determination on violation will be due on October 14, 2016.