A Medical Device Daily

Cytyc (Marlborough, Massachusetts), a provider of surgical and diagnostic products targeting women’s health and cancer diagnostics, and Xoft (Fremont, California), a point-of-care radiation therapy company, reported a settlement to the intellectual property dispute involving the balloon-based brachytherapy technologies developed by both companies for the treatment of breast cancer patients.

Specific financial terms were not disclosed, however, the agreement calls for Xoft to make certain royalty payments.

Both companies agreed that the settlement would end the current legal dispute between them. Xoft will have the freedom of operation in the ongoing sales of its Axxent Electronic Brachytherapy system. The companies said they have also agreed to discuss potential collaboration in the development of technologies in several areas, including women’s health.

“With the recent presentation of five-year follow-up results for the initial clinical trial of the MammoSite Radiation Therapy System (RTS), I think we’re rapidly approaching the point where we can say the model has been proven – supporting the use of balloon-based brachytherapy following breast-conserving therapy,” said Dan Levangie, president of Cytyc Surgical Products. “Cytyc is very focused on expanding our women’s oncology platform into other women’s health areas. Settling this case allows us to focus resources on the continued expansion in the usage of MammoSite RTS and development of new applications for the treatment of breast and gynecological cancers.”

“We are glad to put aside the distraction of litigation and focus our efforts on the development of a comprehensive platform for Electronic Brachytherapy applications. Our Axxent Electronic Brachytherapy System is designed to provide patients greater access to cancer therapy through the delivery of targeted radiation treatment in virtually any clinical setting under the supervision of a radiation oncologist,” said Michael Klein, president/CEO of Xoft. “This agreement gives Xoft the freedom to explore a wide range of new indications and modalities for our innovative Electronic Brachytherapy technology that is currently gaining momentum in the treatment of early stage breast cancer.”

Used to treat cancer for more than 100 years, radiation therapy is administered after breast-sparing surgery to kill stray cancer cells that might remain in the breast and is proven to reduce the rate of local recurrences and improve long-term survival. However, recent studies have shown that many patients opt out of receiving breast-sparing surgery with radiation therapy due to the treatment duration time, distance, or difficulty accessing radiation therapy centers. Accelerated Partial Breast Irradiation is designed to reduce the time required for radiation therapy for early stage breast cancer from seven weeks (for external radiation therapy) down to five days, which may accelerate patient choice of breast sparing lumpectomy surgery with adjuvant radiation therapy over the alternative of a full mastectomy. This technique, implemented using brachytherapy technologies, is an important focal point for both companies.

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