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Control Screening Issues Retraction Concerning AS&E Litigation and Patent Reexamination

Control Screening Issues Retraction Concerning AS&E Litigation and Patent Reexamination
Fairfield, NJ, December 06, 2008 --(PR.com)-- Control Screening, a New Jersey-based U.S. airport and checkpoint security systems manufacturer, today retracts the statements contained in its press release of November 16, 2008, concerning American Science and Engineering, Inc. ("AS&E") and its patents. In that press release, Control Screening made representations concerning: 1) actions taken by the United States Patent and Trademark Office regarding AS&E's U.S. Patent No. 5,313,511; and 2) the pending lawsuit brought by AS&E against Control Screening in the U.S. District Court for the Eastern District of Virginia.

Control Screening clarifies the record by stating as follows:

o AS&E sued Control Screening LLC, AutoClear LLC, and Scan-Tech Security, L.P. on October 3, 2007, in the U.S. District Court for the Eastern District of Virginia for infringement of its U.S. Patent No. 5,313,511 ("the '511 Patent"). AS&E later amended its complaint to include a cause of action of infringement of its U.S. Patent No. 6,546,072 ("the '072 Patent"). That action, Civil Action No. 2:07cv415, is currently pending.

o After AS&E filed its lawsuit, Control Screening requested reexamination of AS&E's '511 Patent. The United States Patent and Trademark Office granted the request for reexamination. The United States Patent and Trademark Office has taken no further actions with respect to the validity of the '511 Patent.

o The United States Patent and Trademark Office has not rejected, struck, suspended, or deemed unallowable or unpatentable any of the claims of AS&E's `511 Patent.

o The United States Patent and Trademark Office never advised Control Screening that '511 Patent "will remain invalid unless or until AS&E can overcome the substantially new questions of patentability raised against the patent claims."

o The '511 Patent is presumed to be valid and enforceable in the absence of a ruling or judgment to the contrary.

o The U.S. District Court for the Eastern District of Virginia has not issued any rulings on the merits in Civil Action No. 2:07cv415. It has not issued any rulings concerning the infringement or validity of AS&E's patents.

AS&E has not moved for summary judgment in its case against Control Screening. Control Screening has filed a motion for partial summary judgment of non-infringement. The Court has not issued a ruling on Control Screening's motion for partial summary judgment.

Control Screening regrets the misstatements contained in its press release of November 16, 2008.

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