On October 27, 2016, ALJ David P. Shaw issued a notice of the Final Initial Determination on the question of violation of Section 337 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 the notice, ALJ Shaw determined “that a violation of section 337 has occurred with respect to U.S. Patent No. 7,880,154; U.S. Patent No. 7,906,770; and U.S. Patent No. 8,696,538.”
The notice issued by ALJ Shaw released only the limited information above. We will provide further information after the public version of the ID is issued.