Resonant Medical Systems is under investigation by the U.S. International Trade Commission (ITC) regarding allegations of possible patent violations relating to the importation of medical devices and software products. The question is whether the company's activities are in violation of patent protections that Varian Medical Systems holds.
The investigation is based on a complaint filed by Varian and SAS PRAXIM of France, alleging violations of section 337 of the Tariff Act of 1930. The section prohibits importation of products that infringe on a U.S. patent. Varian and SAS PRAXIM contend that Resonant's importation and sale within the U.S. of the Restitu ultrasound imaging platform for radiation therapy violates Varian's patent covering patient positioning systems such as Varian's SonArray product, the company said.
Resonant Medical is presently defending itself to the complaint. Regarding the charges, the company's CEO Fred Francis stated, "Resonant's products are based on new and innovative technologies, fundamentally different from existing image guidance products for radiation therapy. We pay the utmost respect to the intellectual property rights of others. We have painstakingly researched our IP positions, and have taken great care to avoid any infringement."
Resonant's 3D ultrasound image guidance technology, the Restitu Platform, is designed to enable clinicians to target tumors more accurately while safeguarding surrounding healthy tissues. Under the current ITC Investigation, the Restitu Platform remains available for importation and sale in the United States without any restriction, the company said.