Pitt to receive $85.8 million for patent infringements

Pitt is set to receive $85.8 million plus royalties after winning a patent infringement… Pitt is set to receive $85.8 million plus royalties after winning a patent infringement lawsuit.

The suit began in 2008, when Pitt alleged that Varian Medical Systems had infringed upon University-owned patents — a Real-time Position Management (RPM) system and Clinac or Trilogy linear accelerator — two devices used in radiotherapy for cancer treatment. In February 2012, the jury concluded that Varian infringed upon the University’s patent rights, and initially set the repayment at $36.8 million.

On Thursday, U.S. District Judge Arthur J. Schwab increased the damages to $85.8 million, but the judgement is appealable, and the defendant plans to do just that.

“Varian disagrees with the ruling and will appeal the decision,” Meryl Ginsberg, the director of public relations for Varian Medical Systems, said in a statement. “As this is a matter of ongoing litigation, Varian does not intend to comment further.”

The final judgement was determined from an amount calculated from the original judgement multiplied by a factor of two, plus $12 million in interest. Additionally, Varian must pay 10.5 percent quarterly for each Real-time Position Management system and 1.5 percent for each Clinac or Trilogy linear accelerator sold in combination with the RPM system.

Laura Hillock, Pitt’s in-house attorney and associate general counsel, anticipated the appeal, and said Pitt won’t be getting a check just yet.

“[The decision] certainly is a victory for Pitt,” Hillock said, adding that it is “only a step closer” toward the conclusion of the case.