Theragenics Corp. v. Department of Natural Resources

Pope, Presiding Judge.

Appellant Theragenics Corporation is a Georgia corporation founded in 1981 to develop, manufacture and sell radioactive “seeds” (sold under the brand name of TheraSeed®) that are used in a cancer treating procedure known as brachytherapy. The radioactive ingredient in TheraSeed® is Palladium-103, also referred to as Pd-103. The active ingredient in Pd-103 does not exist in nature, and Theragenics manufactures the raw material used in TheraSeed® using its own proprietary method. Theragenics was the first company in the world to produce and commercially market a Palladium…