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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.