Elekta's opponent in patent dispute files petition to u.s supreme court

ELEKTA'S OPPONENT IN PATENT DISPUTE FILES PETITION TO U.S SUPREME COURT

As previously announced, on September 22, 2003, the United States Court

of Appeals for the Federal Circuit vacated the $24 million September 10,

2002 judgment entered against Elekta after a trial in the United States

District Court for the Southern District of California. The appeals

court's decision absolved Elekta of all liability.

On October 30, 2003, the appeals court announced its decision to deny a

petition from Medical Instrumentation and Diagnostics Corporation

(Midco), Elekta's opponent in the patent dispute, to reconsider its

ruling issued on September 22, 2003.

On Monday, January 26, 2004, Midco filed a petition for a writ of

certiorari with the United States Supreme Court, requesting review of

the Federal Circuit's judgment.

A petition for a writ of certiorari is a petition requesting the right

to file an appeal. Grant of this remedy is unusual. In the context of

patent cases, the Supreme Court typically grants certiorari in only a

very few cases a year.

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