Fed. Circ. Revives Varian Radiation Patent Fight

Law360, New York (June 9, 2009, 12:00 AM EDT) -- A federal appeals court has vacated a decision that dismissed with prejudice University of Pittsburgh’s radiation therapy patent suit against Varian Medical Systems Inc. for lack of standing, opening the door for the university to reassert infringement claims.

The U.S. Court of Appeals for the Federal Circuit on Tuesday found that the district court abused its discretion when it threw out the University of Pittsburgh’s case with prejudice for failing to add Carnegie Mellon University, an alleged co-owner of the two patents-in-suit, as a co-plaintiff when...
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