U.S. International Trade Commission to Investigate Possible Patent Infringement in the Importation of Medical Devices by Resonant Medical, Inc. of Montreal, Canada | Varian

U.S. International Trade Commission to Investigate Possible Patent Infringement in the Importation of Medical Devices by Resonant Medical, Inc. of Montreal, Canada

PALO ALTO, Calif., Dec. 20 /PRNewswire-FirstCall/ -- Varian Medical Systems of Palo Alto, California (NYSE: VAR) today announced that the U.S. International Trade Commission (ITC) has launched an investigation into whether Resonant Medical Systems, Inc., a Canadian company, is importing medical devices and associated software products for sale in the United States in violation of patent protection that Varian 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. Section 337 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 RESTITUâ„¢ ultrasound imaging platform for radiation therapy violates Varian's patent covering patient positioning systems such as Varian's SonArrayâ„¢ product. "Varian will pursue vigorously any infringements of our intellectual property rights," said Keith Askoff, Associate General Counsel, Intellectual Property.

Varian's SonArray patient positioning system enhances the quality and safety of radiation therapy treatment by enabling radiation oncologists to pinpoint cancerous tumors precisely so they can be accurately treated with radiation therapy while surrounding healthy tissues are protected. Used primarily in the treatment of prostate cancer, the SonArray system employs 3-D ultrasound imaging to provide clinicians with three-dimensional images of the tumor and surrounding anatomy, as well as information about how the patient should be shifted in three dimensions to ensure that the tumor is properly positioned to receive the daily radiation dose.

Under an order that has been issued by the ITC Administrative Law Judge, a hearing on the merits of the investigation will commence on or about May 22, 2006, and the full ITC will make a final decision by December 4, 2006. If the ITC determines that Resonant engaged in unfair methods of competition such as patent infringement that are unlawful under the Tariff Act of 1930, as amended, 19 U.S.C., section 337, it can order that the RESTITU product be excluded from future entry into the United States, and also prohibit the sale or other disposition of RESTITU products already in the United States.

Varian Medical Systems, Inc. of Palo Alto, California is the world's leading manufacturer of integrated cancer therapy systems, which are used to treat thousands of patients per day. The company is also a premier supplier of X-ray tubes and flat-panel digital subsystems for imaging in medical, scientific, and industrial applications. Varian Medical Systems employs approximately 3,500 people who are located at manufacturing sites in North America and Europe and in its 56 sales and support offices around the world. Additional information is available on the company's investor relations web site at http://www.varian.com/.


Statements in this press release regarding future business, events, plans, objectives, expectations, estimates, and other similar matters, including, but not limited to, statements using the terms "will pursue," "will make," and "will commence" constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements contained in this press release are subject to risks and uncertainties that could cause actual results to differ materially from those anticipated, including, but not limited to, the risks described in the company's Annual Report on Form 10-K and other reports filed from time to time by the Company with the Securities and Exchange Commission. These forward-looking statements represent the Company's judgment as of the date of this press release. The Company assumes no obligation to update or revise these forward-looking statements because of new information, future events, or otherwise.

   Spencer Sias, 650-424-5782

   Meryl Ginsberg, 650-424-6444

SOURCE: Varian Medical Systems, Inc.

Contact: Spencer Sias, +1-650-424-5782, or spencer.sias@varian.com; or
Meryl Ginsberg, +1-650-424-6444, or meryl.ginsberg@varian.com, both of Varian
Medical Systems, Inc.

Web site: http://www.varian.com/