ZAP Takes Down Claims in Rival’s Radiation Therapy Machine Patent

ZAP Surgical Systems Inc. dealt a blow to a rival’s patent infringement suit over radiation therapy machines, convincing a U.S. Patent and Trademark Office tribunal that numerous patent claims are invalid.

ZAP asked the Patent Trial and Appeal Board to review Elekta Ltd.’s U.S. Patent No. 7,295,648 after it was accused of infringement. The PTAB said all of the patent’s challenged claims are invalid because they would’ve been obvious, in a decision Tuesday.

The PTAB also refused to allow Elekta to amend its patent with new claims. The board said many of the proposed substitute claims were also unpatentable.

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