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Control Screening and AutoClearAnnounce District Court Patent Ruling and USPTO Action Against American Science and Engineering, Inc.(AS&E)

Tue Nov 18, 2008 4:09am EST
FAIRFIELD, N.J.--(Business Wire)--
Control Screening, a leading, longstanding U.S. airport and checkpoint security systems manufacturer, reported today that a Federal District Court has rejected American Science and Engineering, Inc.’s motions for summary relief in their action with Control Screening LLC, and AutoClear LLC, its affiliate. The District Court also denied AS&E’s motion for injunctive and other relief, and scheduled a full jury trial for this December. In a related matter, the U.S. Patent and Trademark Office (USPTO) has formally rejected all claims of AS&E’s core backscatter x-ray patent alleged by AS&E to be applicable, and will rigorously reexamine them, and may or may not ever reinstate any, or part of any claims. AS&E has alleged infringement of that suspended core backscatter Z x-ray patent, and added in a second patent late in the matter after it had become apparent that the core patent would likely be rejected and cause a stay or dismissal of their case. 

AutoClear and Control Screening had filed a request with the USPTO for its reexamination, opposed by AS&E, and on May 9, 2008 was advised by the USPTO that substantial questions had been raised as to the core patent’s validity. Control Screening now has also been advised by the USPTO that the validity of all claims of that baggage backscatter patent have been struck down by the USPTO and will remain invalid unless or until AS&E can overcome the substantially new questions of patentability raised against the patent claims. 

Todd Conway, Vice President of Control Screening, said, “We are gratified that the Federal Court did not sustain AS&E’s objections to proceeding to full fact finding and a jury trial, so that we can defend our patent innovations and position in this field. We are also pleased that the U.S. Patent Office had twice awarded our backscatter x-ray patents, and has recently struck AS&E’s core baggage backscatter claims as unallowable, pending reexamination. This, notwithstanding, that we will readily show and have shown that no possible infringement can be established here. AS&E is essentially fishing around for competitive information here. AutoClear’s recent 11 years of investment and commitment to backscatter technologies will not be deterred by AS&E’s inflexible and predatory approach, when our system is original, superior technology, and highly innovative.”

Control Screening’s patented Direct and Backscatter x-ray Technologies detect plastic bombs, IED’s, raw explosives, sophisticated weapons, illegal drugs, and other smuggled contraband, especially when cleverly hidden in dense parcels by terrorists or criminals. For more information on AutoClear products and technologies, please visit the Company’s web site at http://www.autoclearus.com. Control Screening is a worldwide innovator, for over 70 years, for aviation, customs, military and other government use of single and dual-view x-ray scanners, bottle scanners, walkthrough weapons and explosives detectors, and automatic explosives, narcotics and chemical trace detectors. 





AutoClear and Control Screening
Leslie Mellinger, 724-837-5411



Copyright Business Wire 2008



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