Control Screening Issues Retraction Concerning AS&E Litigation and Patent Reexamination.FAIRFIELD, N.J. -- Control Screening, a New Jersey-based U.S. airport and checkpoint (programming) checkpoint - Saving the current state of a program and its data, including intermediate results, to disk or other non-volatile storage, so that if interrupted the program could be restarted at the point at which the last checkpoint occurred. 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 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 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: * AS&E sued Control Screening LLC (Logical Link Control) See "LANs" under data link protocol. LLC - Logical Link Control , 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 a·mend v. a·mend·ed, a·mend·ing, a·mends v.tr. 1. To change for the better; improve: amended the earlier proposal so as to make it more comprehensive. 2. 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. * After AS&E filed its lawsuit, Control Screening requested reexamination re·ex·am·ine also re-ex·am·ine tr.v. re·ex·am·ined, re·ex·am·in·ing, re·ex·am·ines 1. To examine again or anew; review. 2. Law To question (a witness) again after cross-examination. 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. * The United States Patent and Trademark Office has not rejected, struck, suspended sus·pend v. sus·pend·ed, sus·pend·ing, sus·pends v.tr. 1. To bar for a period from a privilege, office, or position, usually as a punishment: suspend a student from school. , or deemed unallowable or unpatentable any of the claims of AS&E's '511 Patent. * The United States Patent and Trademark Office never advised Control Screening that '511 Patent "will remain invalid Null; void; without force or effect; lacking in authority. For example, a will that has not been properly witnessed is invalid and unenforceable. INVALID. In a physical sense, it is that which is wanting force; in a figurative sense, it signifies that which has no effect. unless or until AS&E can overcome the substantially new questions of patentability raised against the patent claims." * The '511 Patent is presumed to be valid and enforceable in the absence of a ruling or judgment to the contrary. * The U.S. District Court for the Eastern District of Virginia has not issued any rulings on the merits on the merits adj. referring to a judgment, decision or ruling of a court based upon the facts presented in evidence and the law applied to that evidence. A judge decides a case "on the merits" when he/she bases the decision on the fundamental issues and considers 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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