Main Content

Press Release
WKR: Elekta recieves favorable ruling in us patent dispute

ELEKTA RECIEVES FAVORABLERULING IN US PATENT DISPUTE

On Monday, September 22, 2003 theUnited States Court of Appeals for the Federal Circuit vacatedthe $24 million September 10, 2002 judgment entered againstElekta after a trial in the United States District Court for theSouthern District of California.

The appeals court’s decisionabsolves Elekta of all liability.

The trial court had ruled thatcertain Elekta software products infringed two US patents held byMedical Instrumentation and Diagnostics Corporation (Midco).

The appeals court ruled that theDistrict Court had erred because none of the Elekta productsinfringed the Midco patents. The appeals court remanded withinstructions that the trial court enter judgment in favor ofElekta with respect to all products.

The appeals court also ruled thatthe trial court erred when it dismissed Elekta’s defense ofinvalidity and that Elekta had offered sufficient evidence thatthe patents were invalid. The court remanded the issue ofinvalidity to the trial court, where, if Elekta chooses, it maystill have the opportunity to invalidate Midco’s patents.

Midco may, within ten days,petition the Federal Circuit for reconsideration of the decision.Midco may also file a petition for certiorari with the UnitedStates Supreme Court. Grant of either remedy is unusual.

The full opinion of the court canbe found at www.fedcir.gov/dailylog.html, docket no. 03-1032.

For further information, pleasecontact:
Peter Ejemyr, Group VP Corporate Communications, Elekta AB (publ),
Phone: +46 8 587 254 00, e-mail: peter.ejemyr@elekta.com

Elekta is a world-leadingsupplier of advanced and innovative radiation oncology andneurosurgery solutions and services for precise treatment ofcancer and brain disorders. Elekta's solutions are clinicallyeffective, cost efficient and gentle to the patient.

For additional information aboutElekta, please visit www.elekta.com


This information was brought to you by Waymaker http://www.waymaker.net

The following files are available for download: