American Science and Engineering, Inc. to Continue to Pursue Infringement Claim Against Rapiscan to Trial
Rapiscan announcement of October 2, 2015 fails to accurately disclose all the facts regarding pending infringement action
BILLERICA, Mass., October 6, 2015 (GLOBE NEWSWIRE) -- American Science and Engineering, Inc. ("AS&E") today issued the following statement in response to Rapiscan’s October 2, 2015 announcement:
Rapiscan did not score a court victory - AS&E’s patent infringement claim against Rapiscan in the UK is ongoing and scheduled for trial in March 2016. Rapiscan omitted key facts when it claimed victory and announced that AS&E had discontinued its patent infringement case as it relates to the Rapiscan RXV Reflexion Vehicle (“RXV”). AS&E’s UK patent infringement claim against Rapiscan was amended in part based on Rapiscan fundamentally changing its original submission to the UK Patents Court that identified two vans, as described in various marketing materials, as the same. Rapiscan’s new submission made a distinction between the two vans, thus leading AS&E to amend the infringement claim. However, if the RXV, as manufactured and sold by Rapiscan, differs from the written description it has provided to the Court in the new submission, we will revisit our infringement claim options.
AS&E continues to vigorously pursue our infringement claim against Rapiscan - As our investigations have given us good reason to believe that there is a continuing threat by Rapiscan to infringe our UK patent, we are continuing to vigorously pursue the infringement claim against Rapiscan. The Court recently held that there was an adequate basis for AS&E’s allegation of a threat of manufacture and accordingly denied Rapiscan’s application to strike out our infringing action in its entirety. The Court has ordered Rapiscan to disclose all relevant documentation concerning the allegedly infringing product for review by AS&E’s legal team.
AS&E continues to assert our Intellectual Property rights - AS&E also intends to strenuously defend Rapiscan’s attack on our UK patent at the trial scheduled for March 2016. Rapiscan is seeking to revoke AS&E’s UK patent, which if successful would lead to so-called “freedom to use” – an apparent confirmation of our perceived threat from Rapiscan’s manufacture, distribution, and sale of an infringing product.
American Science and Engineering, Inc. (AS&E) is the trusted global provider of threat and contraband detection solutions for ports, borders, military, critical infrastructure, law enforcement, and aviation. With over 50 years of experience, AS&E offers proven, advanced X-ray inspection systems to combat terrorism, drug smuggling, illegal immigration, and trade fraud. AS&E systems are designed in a variety of configurations for cargo and vehicle inspection, parcel inspection, and personnel screening. Using a combination of technologies, these systems provide superior detection capabilities, with high-energy, dual-energy, and Z Backscatter X-rays — pioneered by AS&E. Learn more about AS&E products and technologies at www.as-e.com and follow us on Twitter @ase_detects.
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Red Javelin Communications, Inc.
American Science and Engineering, Inc.
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