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American Science and Engineering, Inc. Announces Judge's Ruling in AS&E vs. EG&G Astrophysics Research Corporation --Perkin-Elmer Corporation--.


Business/Technology Editors

BILLERICA, Mass.--(BUSINESS WIRE)--March 2, 2001

American Science and Engineering, Inc. (AMEX AMEX

See: American Stock Exchange
:ASE (Adaptive Server Enterprise) A relational DBMS from Sybase that runs on Windows NT/2000, Linux and a variety of Unix platforms. ASE is a comprehensive and robust data management product with a long history dating back to the late 1980s. ) reported today that a federal judge has denied Perkin-Elmer's motions for summary judgment in AS&E's suit against Perkin-Elmer for infringement of AS&E's MobileSearch(TM) and Z(R)Backscatter backscatter

in radiology, radiation deflected by scattering processes at angles greater than 90 degrees to the original direction of the beam of radiation. Important in radiotherapy when estimating surface exposure dose.
 patents and for misappropriation misappropriation n. the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate, or by any  of certain of AS&E's trade secrets. The court also denied AS&E's cross motion for summary judgment motion for summary judgment n. a written request for a judgment in the moving party's favor before a lawsuit goes to trial and based on recorded (testimony outside court) affidavits (or declarations under penalty of perjury), depositions, admissions of fact, answers  against Perkin-Elmer on AS&E's trade secret claim.

In a related matter, the U.S. Patent and Trademark Office has reaffirmed the validity of the two AS&E patents that are at issue in this suit. Perkin-Elmer had filed a request with the U.S. Patent and Trademark Office for re-examination of the two patents. AS&E filed oppositions to the re-examination requests and in November, 2000 was advised by the U.S. Patent and Trademark Office that AS&E's MobileSearch X-ray inspection patent was upheld in all material respects. AS&E now has also been advised by the U.S. Patent and Trademark Office that AS&E's patent on its Backscatter X-ray In contrast to the traditional X-ray machine, which detects hard and soft materials by the variation in transmission through the target, backscatter X-ray is a newer imaging system which detects the radiation which comes back from the target.  inspection technology has been upheld in all material respects.

Ralph S. Sheridan, President and CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. , said "We are very gratified grat·i·fy  
tr.v. grat·i·fied, grat·i·fy·ing, grat·i·fies
1. To please or satisfy: His achievement gratified his father. See Synonyms at please.

2.
 that the judge has ruled that there is sufficient evidence for us to go to trial in our suit against Perkin-Elmer. We are also pleased that the U.S. Patent and Trademark Office has reviewed our Backscatter and MobileSearch patents and has reaffirmed that they are valid and enforceable. AS&E's intellectual property differentiates our systems through unique imaging capability. As such we have a responsibility to protect this critical element of shareholder value from infringement by competitors."

AS&E's patented Z(R) Backscatter technology detects plastic explosives, illegal drugs, and other contraband, even when artfully concealed in complex backgrounds by terrorists and smugglers. AS&E's High Energy Systems Division manufactures linear accelerators for a variety of applications including medical, scientific, security, electron beam A stream of electrons, or electricity, that is directed towards a receiving object. See electron beam imaging and electron beam lithography.  curing and non-destructional testing. For more information on AS&E products and technologies, please visit the Company's web site at http://www.as-e.com.

Safe Harbor Safe Harbor

1. A legal provision to reduce or eliminate liability as long as good faith is demonstrated.

2. A form of shark repellent implemented by a target company acquiring a business that is so poorly regulated that the target itself is less attractive.
 Statement

The foregoing press release contains statements concerning the Company's financial performance and business operations which may be considered "forward-looking" under applicable securities laws. The Company wishes to caution readers of this press release that actual results might differ materially from those projected in any forward-looking statements.Factors which might cause actual results to differ materially from those projected in the forward-looking statement contained herein include the following: significant reductions or delays in procurements of the Company's systems by the United States and other governments; disruption in the supply of any sole-source component incorporated into the Company's products (of which there are several); litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 seeking to restrict the use of intellectual property used by the Company; potential product liability claims against the Company; global political trends and events which affect public perception of the threat presented by drugs, explosives and other contraband; global economic developments and the ability of governments and private organizations to fund purchases of the Company's products to address such threats; and the potential insufficiency of Company resources, including human resources, capital, plant and equipment and management systems, to accommodate any future growth. These and certain other factors which might cause actual results to differ materially from those projected are more fully set forth under the caption "Risk Factors" in the Company's Registration Statement on Form S-3 (SEC File No. 333-9151).
COPYRIGHT 2001 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2001, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:Mar 2, 2001
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