Skip to Navigation
University of Pittsburgh
Print This Page Print this pages

August 30, 2012

Pitt award appealed in patent case

A California-based medical equipment manufacturer has appealed a federal court judge’s award to the University in a long-running patent infringement case.

Federal District Court Judge Arthur J. Schwab in a July 30 order awarded the University more than $101.43 million in a case against Varian Medical Systems filed by Pitt in 2008. The ruling amends an earlier $85.8 million award. (See May 3 University Times.)

According to court documents, the judge’s $101.43 million award includes more than $79.78 million representing the original jury verdict plus damages due for sales from April 1, 2011, through April 26, 2012, multiplied by a factor of two; nearly $12.45 million in pre-judgment interest; $9.2 million for attorneys’ fees and expenses through April 30, and post-judgment interest on the entire sum.

Earlier this year, the company was found to have infringed on two of the University’s patents in its Real-time Position Management Respiratory Gating System (RPM System) and in the Clinac and Trilogy accelerators sold in combination with the RPM System. The RPM System synchronizes imaging and radiation therapy with a patient’s breathing to better target tumors during cancer treatment.

Varian’s attorneys immediately appealed the judge’s July 30 order and “any and all other orders, rulings, findings, statements and/or conclusions of the court adverse to Varian” to the U.S. Court of Appeals for the Federal Circuit. Varian’s principal brief is due Nov. 2.

—Kimberly K. Barlow

Filed under: Feature,Volume 45 Issue 1

Leave a Reply