Japanese imaging giant Olympus is suing capsule endoscopy company Given Imaging (Nasdaq: GIVN; TASE: GIVN) of Yokne'am for patent infringement.
Given Imaging has reported that it has received notice that Olympus Corporation and its subsidiaries Olympus Medical System Corporation and Olympus America Inc. filed a complaint in the US District Court for the Eastern District of Pennsylvania against Given Imaging Ltd. and Given Imaging, Inc. for alleged infringement of US Patent 5,010,412 entitled "High Frequency, Low Power Light Source for Video Camera." The '412 patent, which expires in December 2008, was bought by Olympus Medical from The Boeing Company in July 2005.
Given Imaging said that, in November 2002, Boeing approached it offering to grant it a license to the '412 patent. Given Imaging believes that its PillCam capsule neither infringes nor utilizes any invention claimed under any valid claim in the '412 patent. The company said that Boeing abandoned its pursuit of this issue early in 2004.
Olympus also seeks a declaratory judgment that its capsule endoscopy system, which it plans to sell in the US, does not infringe Given Imaging's US Patent 5,604,531. Given commented that Olympus has not yet completed its clinical trials for its product, and does not have the FDA clearance necessary to market its product in the US.
The filing by Olympus follows a decision of the US Patent and Trademark Office on April 7, 2006 confirming the validity of 13 of the original 17 claims of Given Imaging's patent '531. Given Imaging says it believes this complaint is without merit and that it will take the necessary actions to protect its interest.
"We were aware of this patent from Boeing which we addressed in 2003 that expires in 2008. We are confident about the strength of our broad IP portfolio and our leadership position," said Homi Shamir, president and CEO of Given Imaging.
Published by Globes [online], Israel business news - www.globes.co.il - on May 24, 2006
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