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Given Imaging Announces Patent Litigation Settlement
| Source: Given Imaging
YOQNEAM, ISRAEL--(Marketwire - April 21, 2008) - Given Imaging Ltd. (NASDAQ : GIVN ) today
announced that it has signed a term sheet with Olympus Corporation
outlining a settlement of the patent litigation between the two companies
in the United States concerning their respective capsule endoscopy
products.
The term sheet includes certain worldwide cross-licenses under which each
party receives a royalty-free license under all existing patents of the
other party for its respective existing capsule endoscopy products. The
parties also exchanged covenants not to sue on currently available medical
device products and agreed to a release of all past causes of action. The
term sheet also includes a cross-license under existing and future patents
of each party for future capsule endoscopy products, which may include the
payment of royalties by either party at a rate to be determined through an
agreed upon mechanism. Finally, the term sheet includes a payment to Given
Imaging of $2.33 million and an agreement to cooperate in future mutually
beneficial joint market development projects.
The settlement will become final upon the signing of a formal written
agreement, which is currently being prepared and is expected to be signed
as soon as possible. In the interim, the parties have agreed to ask the
Court to stay all activity in the pending litigation. Following signing of
the formal agreement, the parties will submit to the Court a request for
dismissal of the lawsuit.
Under the term sheet, all other terms and conditions are confidential.
The Company plans to update its fiscal year 2008 EPS guidance in
conjunction with the release of its first quarter 2008 financial results on
May 13, 2008.
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 a number of 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 60 other countries; the PillCam ESO video
capsule to visualize the esophagus; the Agile™ patency capsule to
determine the free passage of the PillCam capsule in the GI tract and the
PillCam COLON video capsule to visualize the colon that has been cleared
for marketing in the European Union. PillCam COLON has received a CE Mark,
but is not cleared for marketing or available for commercial distribution
in the USA. More than 650,000 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
operating subsidiary companies in the United States, Germany, France,
Japan, Australia and Singapore. Given Imaging's largest shareholders
include Elron Electronic Industries (NASDAQ & TASE: ELRN). 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) our ability to receive regulatory clearance or approval to market our
products or 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) our ability to obtain
reimbursement for our product from government and commercial payors, (9)
quarterly variations in operating results, (10) the possibility of armed
conflict or civil or military unrest in Israel, and (11) 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, 2007. 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.