Case Filed: Aug 03, 2012
Case Closed: Apr 10, 2014
Origin Cases: 2:08-cv-01307 / 3:08-cv-02973
Case Summary:
University of Pittsburgh (UPitt) initially
filed a complaint against Varian Medical Systems of Palo Alto, California in California
Northern District Court alleging that Varian infringed various claims of the University’s
patent for radiotherapy equipment used in cancer treatment. The patent at issue
was: US5727554 entitled ‘Apparatus responsive to movement of a patient during
treatment/diagnosis’ and was issued on Mar 17, 1998. The patent is scheduled to
expire[i]
by Sep 19, 2016 and is currently assigned[ii]
to UPitt (source: MaxVal’s Assignment
Database).
The claimed technology is
intended to improve radiation therapy by reducing damage to healthy tissue by
synchronizing a radiation treatment beam with a patient’s movements, the Court
document said.
UPitt alleged that Varian
infringed the ‘554 patent by manufacturing Clinac or Trilogy devices
incorporated with Respiratory Gating System (RPM System) that embody or
practice the claims of the ‘554 patent and stated that infringement was willful,
thereby entitling damages to UPitt.
After construing numerous terms
of the ’554 patent, the district court entered partial summary judgment in
favor of UPitt, finding that Varian’s accused products infringe the asserted
claims of the ’554 patent.
The district court then held
three separate trials including willfulness trial, followed by a damages trial
and a validity trial. At end of the trial, UPitt was awarded with approximately
$37,000,000. Court considering the post-judgment sales, willfulness and pre-judgment
interest, awarded UPitt a total sum slightly over $100,000,000. The district
court also awarded Pitt attorneys’ fees totaling $9,200,000.
Varian appealed challenging the
district court’s decision on
- claim construction of claims 20 and 22
- finding that its accused products infringe claim 20
- its infringement was willful
- the damages award in connection with claims 22 and 38.
Appeal Court concluded the case
by affirming the district court’s construction of claim 20 and that Varian
infringes claim 20. Consequently, vacated the portion of the damages award
based on claim 22, but affirmed the portion based on claim 38.
Varian Medical Systems announced
that it has settled patent litigation with the UPitt and will pay a lump sum of
approximately $35 million to fully settle this matter.
See 2012-1575
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[i]
Expected expiration date. Patent Term Estimator is a free web-based tool that
automatically calculates patent terms and expiration dates for U.S. utility
patents
[ii]
MaxVal offers Patent Assignment Alert service where subscribers receive email
alerts when assignments relating to target applications, patents or entities of
interest are recorded.
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