By Eric Schweibenz and Alex Englehart
On September 25, 2015, Varian Medical Systems, Inc. of Palo Alto, California and Varian Medical Systems International AG of Switzerland (collectively, "Varian") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that 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 (collectively, "Elekta") unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain radiotherapy systems and treatment planning software and components thereof that infringe one or more claims of U.S. Patent Nos. 7,945,021 (the '021 patent), 8,116,430 (the '430 patent), 8,867,703 (the '703 patent), 7,880,154 (the '154 patent), 7,906,770 (the '770 patent), and 8,696,538 (the '538 patent) (collectively, the "asserted patents").

According to the complaint, the asserted patents generally relate to medical systems that employ radiotherapy technology to treat cancer, and treatment planning software utilized to treat patients in conjunction with such radiotherapy systems.  In particular, the '021 patent relates to novel radiotherapy systems for the clinical treatment of cancer.  The '430 and '703 patents relate to novel radiotherapy systems and methods for using such systems to perform and prepare for clinical cancer treatments.  The '154, '770, and '538 patents relate to novel methods for developing and delivering radiation treatment plans in accordance with a desired dose distribution for a patient.

In the complaint, Varian states that Elekta imports and sells products that infringe the asserted patents.  The complaint specifically refers to Elekta's Versa HD, Axesse, Infinity, Synergy/Synergy S, Agility, Elekta VMAT (Monaco), X-ray Volumetric Imaging (XVI), MotionView, VolumeView, Symmetry, Intuity, iViewGT, and HexaPOD evo RT systems as infringing products.

Regarding domestic industry, Varian states that its TrueBeam and Clinac iX, alone and/or with the Eclipse Treatment Planning System with RapidArc radiotherapy technology, practice at least one claim of each asserted patent.  Varian further states that it maintains U.S. manufacturing facilities and offices in California, Utah, Nevada, and New York.  Varian also states that it has made substantial investments in the exploitation of the asserted patents through domestic engineering and research and development activities to develop and support products that practice the asserted patents.

As to related litigation, Varian states that, concurrently with the filing of the instant ITC complaint, it is also filing a complaint against Elekta in the U.S. District Court for the Northern District of California alleging infringement of certain of the asserted patents.  Varian also states that, also concurrently with the filing of the instant ITC complaint, Varian Systems International AG is filing a complaint against certain Elekta entities in the Mannheim Regional Court in Germany alleging infringement of a German counterpart to one of the asserted patents.  Lastly, Varian states that there is currently a petition for inter partes review (IPR) of the '021 patent pending before the U.S. Patent and Trademark Office.

With respect to potential remedy, Varian requests that the Commission issue a permanent exclusion order and a permanent cease and desist order directed at Elekta and related entities.