The legal battle between Given Imaging (Nasdaq: GIVN; TASE: GIVN) and Japanese Imaging giant Olympus Corp. (TSE: 7733; DAX: OLY; Pink Sheets: OCPNY.PK) has escalated further. Given Imaging announced today that it has filed a patent infringement lawsuit against Olympus and its subsidiaries Olympus Medical Systems Corporation and Olympus America Inc. Given Imaging's claims were filed as a counterclaim to a complaint filed by Olympus in May 2006 in the US Court of the District of Eastern Pennsylvania.
Given Imaging claims that that the capsule endoscopy system which Olympus stated it intends to market in the US, will infringe four of Given Imaging's patents. It is therefore requesting an injunction to prevent Olympus from selling in the US any product that infringes on Given Imaging's patents.
Given Imaging president and CEO Homi Shamir said, “We have built a broad patent estate including hundreds of patent applications and dozens of issued patents worldwide and we intend to protect our interests and our market vigorously." At the same time, Given Imaging filed its answer to Olympus' original patent infringement suit against it and denied it violated Olympus’ patent, claiming it was invalid.
Late last week Given Imaging reported that it received CE Mark Certification to market its PillCam Colon throughout the European Union. The company’s stock rose strongly in response to the announcement.
Published by Globes [online], Israel business news - www.globes.co.il - on October 23, 2006
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