Invalidity Claim To Be Tried In Pitt, Varian Patent Fight

By Megan Leonhardt (February 28, 2012, 5:21 PM EST) -- A trial on the validity of the University of Pittsburgh's patent covering a radiation device for cancer treatment will go forward, a Pennsylvania federal judge said Tuesday, following a $37 million jury verdict against Varian Medical Systems Inc. for willful infringement.

U.S. District Judge Arthur J. Schwab denied the university's request to cancel the trial on Varian's claims of invalidity — scheduled to start April 19 — saying he interpreted a recent order by the Federal Circuit to mean that an invalidity trial must occur.

"The issue of whether Varian would have the ability to present their substantive invalidity defenses was...

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