ITC to Investigate Elekta For Tariff Act Violations

November 6, 2015

The U.S. International Trade Commission is launching an investigation of Elekta for Tariff Act violations for allegedly importing and selling cancer treatment radiotherapy systems that infringe Varian Medical Systems’ patents.

The investigation stems from a complaint by Varian Medical Systems in Palo Alto, Calif., and Varian Medical Systems International in Switzerland. Varian is requesting an exclusion order and a cease and desist order in the complaint, the ITC announced Oct. 26.

The complaint was filed Sept. 25 against Sweden-based Elekta and its subsidiaries in the UK, the U.S., Germany and China. Elekta says the claims have no merit and it will defend itself vigorously.

Varian submitted the ITC complaint on the same day it filed two patent infringement lawsuits against Elekta in U.S. district courts in Delaware and Northern California.

Varian claims Elekta violated four patents with its Gamma Knife Icon, Versa HD, Axesse, Infinity, Synergy, Agility and VMAT (Monaco) products.

Tomas Puusepp, Elekta’s president and CEO, says Varian’s claims are apparently part of a legal strategy in response to litigation filed June 15 by Elekta and William Beaumont Hospital.

That case, filed in U.S. District Court for the Eastern District of Michigan, alleges Varian infringed three patents for cone beam computed tomography flat panel imaging systems with its TrueBeam product. — Jonathon Shacat