SOURCE: Given Imaging

April 07, 2006 12:57 ET

United States Patent and Trademark Office Reconfirms the Validity of Key Claims of Given Imaging's First Patent

YOQNEAM, ISRAEL -- (MARKET WIRE) -- April 7, 2006 --Given Imaging Ltd. (NASDAQ: GIVN) today announced that the United States Patent and Trademark Office (USPTO) issued a decision confirming the validity of 13 of the original 17 claims of Given Imaging's first US patent number 5,604,531. Given Imaging has the right to appeal the rejection of the 4 other claims. For further information on this ruling please go to http://tinyurl.com/ksu2s.

Specifically, the USPTO reaffirmed the validity of the claims in the '531 patent which cover "a swallowable capsule comprising a camera system, an optical system for imaging an area of interest onto the camera system and a transmitter which transmits the video output of the camera system; and a reception system which receives the transmitted video output" and where the reception system comprises "an antenna array capable of surrounding a body and comprising a plurality of antennas for receiving the transmitted video output and for producing a plurality of received signals and a demodulator capable of transforming the plurality of received video signals into a single video data stream."

"This important ruling reinforces technological barriers for a competing product in the United States and Israel," said Gavriel D. Meron, President and CEO of Given Imaging Ltd. "Given Imaging has built a broad patent estate including over four hundred patent applications worldwide and forty three issued patents in the United States, Europe, Japan, Australia, Korea and Israel. These patents and patent applications include thousands of claims addressing various aspects of current and future capsule endoscopes and capsule endoscopy systems as well as other technologies."

This decision is in response to a December 2003 request filed by the Olympus Corporation to the USPTO to re-examine the '531 patent, whereby Olympus is not a party to the proceeding, and therefore cannot appeal this decision of the USPTO.

About Given Imaging

Given Imaging is redefining gastrointestinal diagnosis by developing, producing and marketing innovative, patient-friendly products for detecting gastrointestinal disorders. The company is developing a complete line of PillCam™ video capsules for detecting disorders of the gastrointestinal tract. The company's technology platform is the Given® Diagnostic System, featuring the PillCam video capsule, a disposable, miniature video camera contained in a capsule, which is ingested by the patient. The PillCam™ SB capsule is a naturally ingested method for direct visualization of the entire small intestine. It is currently marketed in the United States and in more than 50 other countries and has benefited more than 300,000 patients worldwide. The PillCam™ ESO video capsule, which provides visual examination of the esophagus, has been cleared for marketing by the FDA. Additional capsules for visualization of the stomach and colon are under development. 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 about Given Imaging, including projections about our business and our future revenues, expenses and profitability, within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. For example, statements in the future tense, words such as "anticipates," "estimates," "expects," "intends," "plans," "believes," and words and terms of similar substance used in connection with any discussion of future operating or financial performance identify such forward-looking statements. Those forward-looking statements are not guarantees of future performance and actual results could differ materially from our current expectations as a result of numerous factors, including but not limited to the following: changes in regulatory environment, our success in implementing our sales, marketing and manufacturing plan, protection and validity of patents and other intellectual property rights, the impact of currency exchange rates, the effect of competition by other companies, the outcome of future litigation, the reimbursement policies for our product from healthcare payors, quarterly variations in operating results, the impact of the newly adopted SFAS 123R for expensing option-based payments, the possibility of armed conflict or civil or military unrest in Israel and other risks disclosed in our filings with the U.S. Securities and Exchange Commission

Contact Information

  • For further information contact:

    Mark Gilreath
    Given Imaging Ltd.

    Fern Lazar/David Carey
    Lazar Partners Ltd.
    Phone: (866) GIVEN IR
    Email Contact
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