Radiation therapy firms Varian Medical Systems of Palo Alto, CA, and Resonant Medical of Montreal are locked in a patent dispute related to ultrasound-based patient-positioning technology for radiation therapy.
Varian has filed a complaint with the U.S. International Trade Commission, prompting the ITC to investigate whether Resonant is importing medical devices covered by patent protection that Varian holds, violating Section 337 of the Tariff Act of 1930.
At issue is Resonant's Restitu platform, which uses 3D ultrasound to enable clinicians to target tumors more accurately while sparing healthy tissue nearby. Varian filed the complaint, along with SAS Praxim of France, charging that Restitu violates Varian's patent covering technology such as its SonArray product.
Varian said that a hearing has been scheduled for May 2006 in which an ITC administrative law judge will review the claims, with a final decision expected by December 2006. The ITC could rule that the Restitu product be blocked from further import into the U.S., and could prohibit the sale of Restitu products already in the country, according to Varian.
For its part, Resonant pointed out that Restitu remains available for import and sale in the U.S. without restriction during the ITC investigation period. The company said it remains confident that it has not violated Section 337 of the Tariff Act.
By AuntMinnie.com staff writers
December 22, 2005
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