Court ruling favours BrainLAB

A court in the US has ruled that that Germany-based BrainLAB has not infringed NOMOS Corporation’s US patent for its BAT ultrasound-based cancer-targeting device.

The US Court of Appeals for the Federal Circuit in Washington, DC has ruled that that BrainLAB’s ExacTrac product does not infringe NOMOS Corporation’s US patent 5,411,026 for its BAT ultrasound-based cancer-targeting device.

ExacTrac is BrainLAB’s patient positioning system for the precise treatment of tumours with stereotactic radiotherapy/radiosurgery. The system’s ultrasound localisation is said to allow daily verification of the position of organs such as the prostate or liver in live ultrasound images.

According to BrainLAB, Daily verification is necessary when tumours are treated in fractions over the course of several weeks to ensure radiation is precisely targeted to the tumour during each treatment session. Identification of organ position for every treatment fraction allows ExacTrac to automatically compensate for internal organ shifts.

‘We are pleased to see that the court has reconfirmed the uniqueness of our patient positioning technology and that it does not infringe NOMOS’ patent,’ said Stefan Vilsmeier, BrainLAB President and Chief Executive Officer. ‘We look forward to continued success in our radiotherapy business.’