European Court of Appeal Rejects Varian's Attempt to Reverse Customer Purchase of Accuray TomoTherapy® System

SUNNYVALE, Calif., Oct. 19, 2017 /PRNewswire/ -- Accuray Incorporated (NASDAQ: ARAY) announced today that the Court of Appeal of Nantes has rejected the appeal filed by Varian Medical Systems opposing the purchase of the Accuray TomoTherapy® System by University Hospital of Tours (CHU). This most recent legal ruling marks the final appeal by Varian in their efforts to overturn CHU's tender award and block their use of the TomoTherapy technology. CHU is the first public hospital in the Centre-Val de Loire region and the first hospital in France to install both the TomoTherapy and CyberKnife® Systems.

"We are extremely pleased by the court's verdict which reinforces a clinical team's right to select the radiation therapy system they feel best meets the needs of their facility, team and patients," said Lionel Hadjadjeba, MD, Senior Vice President and Chief Commercial Officer at Accuray. "CHU Tours' decision to purchase a TomoTherapy System reflects our system's ability to deliver precise radiation treatments like no other system in the world. We're committed to supporting the CHU clinical team, and all of our customers, to improve treatment and quality of life for their patients."

The Court of Appeal has confirmed the CHU Tours decision on all points, concluding that:

  • The tender award in favor of TomoTherapy Europe should not be cancelled;
  • The medical needs expressed by CHU Tours were well-defined in the administrative documents of the tender;
  • The TomoTherapy System is the only radiation therapy device which provides continuous helical delivery of radiation from 360 degrees around the patient, a unique method for delivering image-guided IMRT which enables clinicians to modulate the dose in an optimal way and to irradiate large fields without repositioning the patient;
  • This technique, which enables clinicians to modulate the dose in an optimal way and to irradiate large fields without repositioning the patient, is expressly recommended by the French National Authority for Health (HAS) for craniospinal irradiations, often used in pediatric tumors, and for total body irradiation in the treatment of blood tumors.

About AccurayAccuray Incorporated (NASDAQ: ARAY) is a radiation oncology company that develops, manufactures, and sells precise, innovative tumor treatment solutions that set the standard of care with the aim of helping patients live longer, better lives. The Company's leading-edge technologies deliver the full range of radiation therapy and radiosurgery treatments. For more information, please visit www.accuray.com

Safe Harbor StatementStatements made in this press release that are not statements of historical fact are forward-looking statements and are subject to the "safe harbor" provisions of the Private Securities Litigation Reform Act of 1995. Forward-looking statements in this press release relate, but are not limited, to clinical applications and Accuray's leadership position in radiation oncology innovation and technologies. Forward-looking statements are subject to risks and uncertainties that could cause actual results to differ materially from expectations, including but not limited to the risks detailed from time to time under the heading "Risk Factors" in the company's report on Form 10-K, filed on August 25, 2017, and as updated periodically with the company's other filings with the SEC.

Forward-looking statements speak only as of the date the statements are made and are based on information available to Accuray at the time those statements are made and/or management's good faith belief as of that time with respect to future events. The company assumes no obligation to update forward-looking statements to reflect actual performance or results, changes in assumptions or changes in other factors affecting forward-looking information, except to the extent required by applicable securities laws. Accordingly, investors should not put undue reliance on any forward-looking statements.

 

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SOURCE Accuray Incorporated

Beth Kaplan; Public Relations Director, Accuray; +1 (408) 789-4426; bkaplan@accuray.com OR Sherry Feldberg; MSLGROUP; +1 (781) 684-0770; accuray@mslgroup.com