ZAP Surgical today announced that the Patent Trial and Appeal Board (“PTAB”) at the United States Patent and Trademark Office issued a final decision in ZAP Surgical’s favor, finding that Elekta’s patent claims are invalid.
On Friday, April 26, 2019, Elekta Ltd. and its US operating company Elekta, Inc. (“Elekta”) filed a lawsuit against ZAP Surgical Systems in the United States District Court for the Northern District of California (Case 4:19-cv-02269). The lawsuit alleged that ZAP Surgical’s ZAP-X® Gyroscopic Radiosurgery® platform infringed Elekta’s US Patent No. 7,295,648 and sought monetary damages with a three-fold enhancement for willful infringement, as well as an injunction that prohibits the importation, manufacture, use and sale of the ZAP-X. Upon challenging the validity of Elekta’s patent claims, the PTAB ruled in ZAP’s favor on March 30, 2021.
“In a David vs Goliath story, Zap Surgical is delighted to see that real innovation and patient welfare have triumphed,” said Dr. John Adler, CEO and founder of ZAP Surgical, and professor emeritus of neurosurgery and radiation oncology at Stanford University. “ZAP is a small but tenacious Silicon Valley startup focused on bringing best-in-class radiosurgery to the more than 2 million patients worldwide that are currently underserved. Innovation has been stifled for too many years by the regressive interests of big corporations, and this ruling will help clear the path to transforming the lives of countless patients.”
The ZAP-X Gyroscopic Radiosurgery platform is recognized for being the first and only vault-free SRS delivery system, thereby eliminating the need for providers to build cost-prohibitive shielded radiation treatment rooms.
Utilizing a modern linear accelerator to produce radiation, ZAP-X is also the first and only dedicated radiosurgery system to no longer require Cobalt-60 radioactive sources, thus doing away with the significant costs to license, secure and regularly replace live radioactive isotopes. The unique ZAP-X capability supports the International Atomic Energy Association’s (IAEA) 2016 statement regarding radioactive source security, where member states are strongly encouraged to no longer use radioactive sources and do the upmost to employ alternative technologies.
The ZAP-X platform directly competes in the global stereotactic radiosurgery (SRS) marketplace with Elekta’s cobalt-based Gamma Knife® product line.
Detailed system overview animations can be found at https://youtu.be/9ph-cdb5QO0.