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

Sunnyvale, California (ots/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 
- 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 
- This technique 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 Accuray

Accuray 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

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