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Brain Life LLC v. Elekta (summary judgment granted in favor of Elekta)

Defendant: Elekta Inc.

Court: S.D. Cal.

Date: Feb 06, 2013

Docket: 3:12-cv-00303

Judge: Judge Larry Alan Burns

Jan. 20, 3013 – The court found that Brain Life was barred from asserting the method claims from the patent-in-suit. In a previous litigation, Brain Life’s predecessor sued Elekta over the same patent. Brain Life’s predecessor could have, but did not, assert the method claims in the previous case (only apparatus claims were asserted). Therefore, the court held that Brain Life could not now assert the method claims in the current case.

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