Friday, November 17, 2006

Ion Beam prevails over Optimus/Loma Linda

Belgian cancer diagnosis company Ion Beam Applications said on Nov. 17 that the CAFC had overturned a rival's patent right claims, allowing IBA to sell proton therapy beam systems in the United States.

In Optimus v. Ion Beam, the CAFC dealt with California's unfair competition law, the Lanham Act, and patent law.

Of the patent aspect, the patentee lost (district court affirmed), although patentee argued that certain prior art if modified as suggested by the district court, would result in a death ray.

There are some issues about prior art. The CAFC cites In re Kahn, 441 F.3d 977 on motivation to combine in an obviousness determination.


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