Belgian radiopharmaceutical firm Ion Beam Applications (IBA) of Louvain-la-Neuve has settled a patent infringement suit with Optivus Proton Therapy and Loma Linda University Medical Center, both of Loma Linda, CA.
Optivus filed the suit in 2002, claiming that IBA's proton therapy system infringed on five patents licensed to Optivus by Loma Linda, which joined the suit as a co-plaintiff later that year. Optivus and Loma Linda also charged IBA with violating federal and state unfair competition laws.
IBA succeeded in having a number of the Optivus claims dismissed or invalidated, but several issues still remained, and a trial had been scheduled to begin on August 21. Instead, the parties have agreed to settle the litigation, with IBA paying Optivus $1.25 million as part of the deal.
IBA executives said that while they believe the trial would have vindicated the company, the cost of the settlement is less than what the company would have spent in legal fees for the trial.
By AuntMinnie.com staff writers
August 21, 2007
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