Best Medical 1st sued Accuray in September 2009, accusing Accuray of luring away 4 executives so it could steal trade secrets later allegedly incorporated into the CyberKnife VSI device, according to court documents.
The executives were later dismissed from the case, which Best Medical lost but appealed in 2011; while the appeal was pending, a judge in 2013 awarded Accuray $500,000 in legal costs, according to a regulatory filing.
The lawsuits, filed in the U.S. District Court for Western Pennsylvania, claimed that Robert Hill, a former Best Medical employee who quit to work for Accuray, "downloaded confidential, proprietary, intellectual property and trade secrets" from Best Medical before he left its employ, according to court documents.
That information allegedly formed the basis of Accuray’s then-latest iteration of the CyberKnife, allegedly incorporating the intensity-modulated radiation therapy technology Best Medical alleges was stolen by Hill and 3 other ex-employees – David Spellman, John David Scherch and Marcus Bittman – who also decamped for Accuray, according to the original lawsuit.
The companies agreed June 9 to settle that case and a 2nd patent infringement lawsuit, according to the filing.