CDEX Answers Patent Infringement Lawsuit from ASD, Inc.; Affirmative Defenses and Counterclaims Filed Against Analytical Spectral Devices.ROCKVILLE, Md. -- CDEX CDEX Center for Deep Earth Exploration CDEX Compact Disk Engineering Data Exchange CDEX Checkstub Data Exchange CDEX Combat Developments Experimentation Center CDEX Chemical Detection Excellence (CDEX, Inc; Tucson, AZ) CDEX Cdrom Extension , Inc. (CEXI CEXI Cryogenic Experts, Inc. (Ventura, CA, USA) .OB) announced today that it has answered the lawsuit filed against it by Analytical Spectral Devices, Inc., (ASD ASD abbr. atrial septal defect ASD Atrial septal defect, see there ) that alleged that CDEX had infringed, and had caused others to infringe, a patent assigned to ASD. In its response filed in the Colorado District Court in Denver, Colorado, on May 1, 2006, CDEX set forth various affirmative defenses to ASD's claim of patent infringement patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver. , and issued a counterclaim A claim by a defendant opposing the claim of the plaintiff and seeking some relief from the plaintiff for the defendant. A counterclaim contains assertions that the defendant could have made by starting a lawsuit if the plaintiff had not already begun the action. for declaratory judgment declaratory judgment In law, a judgment merely declaring a right or establishing the legal status or interpretation of a law or instrument. It is binding but is distinguished from other judgments or court opinions in that it includes no executive element (an order that . CDEX's claims include requests for relief based on inequitable conduct before the United States Patent and Trademark Office The United States Patent and Trademark Office (PTO or USPTO) is an agency in the United States Department of Commerce that provides patent protection to inventors and businesses for their inventions, and trademark registration for product and intellectual property , non-infringement, invalidity and unenforceability. "As a matter of policy, CDEX has developed its own intellectual property rights and respects the intellectual property of others," said Jim Griffin, 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. of CDEX. "We believe this lawsuit is totally without merit and we will aggressively defend our rights to practice our own technology, which has been the result of many years of independent research and development." A copy of the CDEX's Answer and Counter Claims against ASD can be found at www.cdex-inc.com, under Events. About CDEX, Inc. CDEX Inc. is a technology development company with a current focus on developing and marketing products using chemical detection and validation technologies. At present, CDEX is devoting its resources to two distinct areas: (i) identification of substances of concern (e.g., explosives and illegal drugs for homeland security); and (ii) validation of substances for anti-counterfeiting, brand protection and quality assurance (e.g., validation of prescription medication and detection of counterfeit or sub-par products for brand protection). ValiMed is one line of CDEX products for the healthcare market. CDEX is headquartered in Rockville, Maryland with its research and development laboratory in Tucson, Arizona. For more information, visit www.cdex-inc.com and www.valimed.com. Any statements made in this press release which contain information that is not historical are essentially forward-looking. Many forward-looking statements can be identified by the use of words such as "expects," "plans," "may," "anticipates," "believes," "should," "intends," "estimates," and other words of similar meaning. These statements are subject to risks and uncertainties that cannot be predicted or quantified and, consequently, actual results may differ materially from those expressed or implied by such forward-looking statements. Such risks are detailed from time-to-time in filings with the Securities and Exchange Commission. There is no obligation to publicly update any forward-looking statements. |
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