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Sunday, 04/09/2006 8:22:11 AM

Sunday, April 09, 2006 8:22:11 AM

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US Patent Office upholds validity of most claims of Given's original patent

09.4.06 | 15:02 By Asaf Rothem

The United States Patent and Trademark Office (USPTO) has provided incoming Given Imaging CEO Nachum "Homi" Shamir with a warm welcome, issuing a decision confirming the validity of 13 of the 17 claims of Given Imaging's first US patent.

Given Imaging has the right to appeal the rejection of the 4 other claims

Given Imaging develops and markets innovative, patient-friendly products for detecting gastrointestinal disorders. The company produces the PillCam video capsule, a disposable, miniature video camera contained in a capsule, which is ingested by the patient.

Specifically, the USPTO reaffirmed the validity of the claims in Given's patent, number 5,604,531, which cover, among other specifications, "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."

The decision is in response to a December 2003 request filed by the Olympus Corporation to the USPTO to re-examine Given?s original patent. Olympus requested to examine the patent with regard to its own, competing, product. Since Olympus was not a party to the patent, it cannot appeal the decision.


"This important ruling reinforces technological barriers for a competing product in the United States and Israel," said founder and outgoing CEO Gavriel D. Meron. "Given Imaging has built a broad patent estate including over four hundred patent applications and forty three issued patents worldwide. 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."

http://www.haaretz.com/hasen/spages/704076.html

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