By Eric Schweibenz
On October 26, 2015, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Radiotherapy Systems And Treatment Planning Software, and Components Thereof (Inv. No. 337-TA-968).

The investigation is based on a September 25, 2015 complaint filed by Varian Medical Systems, Inc. of Palo Alto, California and Varian Medical Systems International AG of Switzerland 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 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified Elekta AB of Sweden, Elekta Ltd. of the United Kingdom, Elekta GmbH of Germany, Elekta Inc. of Atlanta, Georgia, Elekta Holdings U.S., Inc. of Atlanta, Georgia, IMPAC Medical Systems, Inc. of Sunnyvale, California, Elekta Instrument (Shanghai) Ltd. of China, and Elekta Beijing Medical Systems Co. Ltd. of China as the respondents.

Lastly, Chief ALJ Bullock issued a notice indicating that David P. Shaw will be the presiding Administrative Law Judge in this matter.