By Eric Schweibenz
On May 18, 2017, the U.S. International Trade Commission (“Commission”) issued a notice 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 by Respondents Elekta AB, Elekta Ltd., Elekta GmbH, Elekta Inc., IMPAC Medical Systems, Inc., Elekta Instrument (Shanghai) Ltd., and Elekta Beijing Medical Systems Co. Ltd. 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. On November 28, 2016, ALJ David P. Shaw issued the public version of his Initial Determination (the “Final ID”) finding a violation of Section 337. See our December 27, 2016 post for more details. On January 13, 2017, the Commission determined to review the Final ID's conclusions on several issues and remanded the investigation to the ALJ. On March 31, 2017, the ALJ issued his remand initial determination finding the claims subject to the remand to be nonobvious.

According to the May 18, 2017 notice, the Commission granted a joint motion filed by the private parties to terminate the investigation based on a settlement agreement.