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Given Imaging Files Patent Infringement Claims Against Olympus Corporation
| Source: Given Imaging
YOQNEAM, ISRAEL -- (MARKET WIRE) -- October 23, 2006 -- Given Imaging (NASDAQ : GIVN ), the company
that pioneered capsule endoscopy, today announced that it has filed claims
of patent infringement against Olympus Corporation and its subsidiaries
Olympus Medical Systems Corporation and Olympus America, Inc. ("Olympus").
Given Imaging's claims were filed as a counterclaim to a complaint filed by
Olympus in May 2006 in the Eastern District of Pennsylvania.
Given Imaging's claims assert that the capsule endoscopy system which
Olympus stated it intends to market in the United States, will infringe
four of Given Imaging's patents. These patents include Given Imaging's
first patent, U.S. Patent 5,604,531 (the "'531 Patent"), issued in 1997,
and other patents covering innovative features of capsule endoscopes and
capsule endoscopy systems. To that end, Given Imaging requests an
injunction to prevent Olympus from selling in the United States any product
that infringes on Given Imaging's patents.
"Given Imaging is committed to leading innovation in the field of capsule
endoscopy and offering our customers the broadest and most advanced
platform for capsule endoscopy. We also have built a broad patent estate
including hundreds of patent applications and dozens of issued patents
worldwide," said Homi Shamir, president and CEO of Given Imaging. "As such,
we intend to protect our interests and our market vigorously."
At the same time, Given Imaging filed its answer to Olympus' request for a
declaratory judgment that it will not infringe Given Imaging's '531 Patent
and to Olympus' allegation that Given Imaging infringes U.S. Patent
5,010,412 (the "'412 Patent") bought by Olympus from The Boeing Company in
July 2005. In its answer, Given Imaging denies infringement of the '412
Patent and asserts that the '412 Patent is invalid.
About Given Imaging Ltd.
Given Imaging is redefining gastrointestinal diagnosis by developing,
producing and marketing innovative, patient-friendly products for detecting
gastrointestinal disorders. The company's technology platform is the
PillCam™ Platform, featuring the PillCam video capsule, a disposable,
miniature video camera contained in a capsule, which is ingested by the
patient, a sensor array, data recorder and RAPID® software. Given
Imaging has three commercially available capsules: the PillCam SB video
capsule to visualize the entire small intestine which is currently marketed
in the United States and in more than 50 other countries; the PillCam ESO
video capsule to visualize the esophagus; and the Agile™ patency capsule
to determine the free passage of the PillCam capsule in the GI tract. The
PillCam COLON video capsule to visualize the colon has been cleared for
marketing in the European Union and clinical trials are underway in the
United States to support submission for marketing clearance from the FDA. A
capsule to visualize the stomach is under development. More than 400,000
patients worldwide have benefited from the PillCam capsule endoscopy
procedure. Given Imaging's headquarters, manufacturing and R&D facilities
are located in Yoqneam, Israel; it has direct sales and marketing
operations in the United States, Germany and France, and local offices in
Japan, Spain and Australia. For more information, visit
http://www.givenimaging.com.
This press release contains forward-looking statements within the meaning
of the "safe harbor" provisions of the U.S. Private Securities Litigation
Reform Act of 1995. These forward-looking statements include, but are not
limited to, projections about our business and our future revenues,
expenses and profitability. Forward-looking statements may be, but are not
necessarily, identified by the use of forward-looking terminology such as
"may," "anticipates," "estimates," "expects," "intends," "plans,"
"believes," and words and terms of similar substance. Forward-looking
statements involve known and unknown risks, uncertainties and other factors
which may cause the actual events, results, performance, circumstances or
achievements of the Company to be materially different from any future
events, results, performance, circumstances or achievements expressed or
implied by such forward-looking statements. Factors that could cause actual
events, results, performance, circumstances or achievements to differ from
such forward-looking statements include, but are not limited to, the
following: (1) satisfactory results of clinical trials with PillCam Colon,
(2) changes in regulatory environment, (3) our success in implementing our
sales, marketing and manufacturing plans, (4) protection and validity of
patents and other intellectual property rights, (5) the impact of currency
exchange rates, (6) the effect of competition by other companies, (7) the
outcome of future litigation, including patent litigation with Olympus
Corporation, (8) the reimbursement policies for our product from healthcare
payors, (9) quarterly variations in operating results, (10) the impact of
the newly adopted SFAS 123R for expensing option-based payments, (11) the
possibility of armed conflict or civil or military unrest in Israel, and
(12) other risks and factors disclosed in our filings with the U.S.
Securities and Exchange Commission, including, but not limited to, risks
and factors identified under such headings as "Risk Factors," "Cautionary
Language Regarding Forward-Looking Statements" and "Operating Results and
Financial Review and Prospects" in the Company's Annual Report on Form 20-F
for the year ended December 31, 2005. You are cautioned not to place undue
reliance on these forward-looking statements, which speak only as of the
date of this press release. Except for the Company's ongoing obligations to
disclose material information under the applicable securities laws, it
undertakes no obligation to release publicly any revisions to any
forward-looking statements, to report events or to report the occurrence of
unanticipated events.