Information Technology Law Reports - Volume 18 - Issue 3

This edition of Information Technology Law Reports contains one High Court patent case: Varian Medical Systems International AG v (1) Elekta Ltd (2) Elekta Holdings Ltd. It was claimed that the patent for a combined magnetic resonance imaging (‘MRI’) system and radiotherapy device had been infringed. Infringement was denied and it was also claimed that the patent was invalid for insufficiency, obviousness and added matter. The court held that while the patent was not insufficient, it was invalid for obviousness and bad for added matter. Building a combined MRI-radiotherapy machine would have been obvious to the skilled person in light of prior art, even though it involved a considerable amount of work. Furthermore, controlling the radiotherapy beam in response to MRI images added matter over the application.

Richard Budworth
Editor,  Information Technology Law Reports


Varian Medical Systems International AG (1) Elekta Ltd (2) Elekta Holdings Ltd
High Court of Justice (NI)
Queen’s Bench Division 
Colton J
6 April 2017 
[2017] NIQB 42 
Patent – validity – infringement – medical technology – added subject matter – obviousness – sufficiency  – Patents Act 1977 sections 3, 72(1)(d) and 76 – judgment for the defendants.