Elekta recieves favorable ruling in us patent dispute

ELEKTA RECIEVES FAVORABLE RULING IN US PATENT DISPUTEOn Monday, September 22, 2003 the United States Court of Appeals for theFederal Circuit vacated the $24 million September 10, 2002 judgmententered against Elekta after a trial in the United States District Courtfor the Southern District of California.The appeals court's decision absolves Elekta of all liability.The trial court had ruled that certain Elekta software productsinfringed two US patents held by Medical Instrumentation and DiagnosticsCorporation (Midco).The appeals court ruled that the District Court had erred because noneof the Elekta products infringed the Midco patents. The appeals courtremanded with instructions that the trial court enter judgment in favorof Elekta with respect to all products.The appeals court also ruled that the trial court erred when itdismissed Elekta's defense of invalidity and that Elekta had offeredsufficient evidence that the patents were invalid. The court remandedthe issue of invalidity to the trial court, where, if Elekta chooses, itmay still have the opportunity to invalidate Midco's patents.Midco may, within ten days, petition the Federal Circuit forreconsideration of the decision. Midco may also file a petition forcertiorari with the United States Supreme Court. Grant of either remedyis unusual.The full opinion of the court can be found atwww.fedcir.gov/dailylog.html, docket no. 03-1032. ***********For further information, please contact:Peter Ejemyr, Group VP Corporate Communications, Elekta AB (publ),Phone: +46 8 587 254 00, e-mail: [email protected] is a world-leading supplier of advanced and innovative radiationoncology and neurosurgery solutions and services for precise treatmentof cancer and brain disorders. Elekta's solutions are clinicallyeffective, cost efficient and gentle to the patient.For additional information about Elekta, please visit www.elekta.com------------------------------------------------------------This information was brought to you by Waymaker http://www.waymaker.netThe following files are available for download:http://www.waymaker.net/bitonline/2003/09/23/20030923BIT00160/wkr0001.doc http://www.waymaker.net/bitonline/2003/09/23/20030923BIT00160/wkr0002.pdf