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Scanner Technologies Expects Favorable Ruling from Court of Appeals.


MINNEAPOLIS -- Scanner Technologies Corporation (OTCBB OTCBB

See OTC Bulletin Board (OTCBB).
:SCNI SCNI Security of Critical Networked Infrastructures
SCNI Southern Connecticut Newspapers, Inc.
SCNI Sports Council Northern Ireland
) today announced that it expects a favorable ruling from the United States Court of Appeals for the Federal Circuit The United States Court of Appeals for the Federal Circuit is a United States court of appeals. The Federal Circuit was created by Congress with passage of the Federal Courts Improvement Act of 1982.

The court is headquartered in Washington, D.C., and occupies the Howard T.
 later this year. The Court of Appeals heard oral argument on May 9, 2008 for Scanner's appeal of a decision by the U.S. District Court for the Southern District of New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
.

In 2007 the New York Court found several of Scanner's patents related to BGA (Ball Grid Array) A popular surface mount chip package that uses a grid of solder balls as its connectors. Available in plastic and ceramic varieties, BGA is noted for its compact size, high lead count and low inductance, which allows lower voltages to be used.  manufacturing unenforceable due to "inequitable conduct In United States patent law, patent holders must go to the federal courts to enforce their patent rights. Even if the patent is valid and infringed, these courts may exercise their equitable discretion not to enforce the patent if the patentee has engaged in inequitable conduct. " before the U.S. Patent Office and ordered Scanner to pay ICOS Vision Systems fees and costs of $3.4 million.

During the May 9 hearing, the Court of Appeals asked attorneys representing ICOS to point out false statements in the record that were made by Scanner to the Patent Office. ICOS attorneys were able to provide inferences, but could not find any false statements relied on by the Patent Office to advance Scanner's patent applications. The Court of Appeals stated that favorable inferences should not be made for one of the parties without consideration of inferences favorable to both sides.

This reasoning contradicts the New York Court's rulings which made Scanner's patents unenforceable and awarded fees to ICOS because it found that Scanner had made material misrepresentations to the Patent Office. The Court of Appeals has previously stated in other cases that evidence needed to support an award for attorney fees must be clear and convincing.

Scanner's 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.  Elwin Beaty said, "Scanner did not attempt to mislead the Patent Office in any way. We are confident the Court of Appeals will rule that our patents are enforceable and reverse the award of fees to ICOS."

About Scanner Technologies Corporation:

Scanner is a New Mexico New Mexico, state in the SW United States. At its northwestern corner are the so-called Four Corners, where Colorado, New Mexico, Arizona, and Utah meet at right angles; New Mexico is also bordered by Oklahoma (NE), Texas (E, S), and Mexico (S).  corporation that invents, develops and markets vision inspection products that are used in the semiconductor industry for the inspection of integrated circuits Integrated circuits

Miniature electronic circuits produced within and upon a single semiconductor crystal, usually silicon. Integrated circuits range in complexity from simple logic circuits and amplifiers, about 1/20 in. (1.
. Scanner's headquarters are located in Minneapolis, Minnesota and has a manufacturing facility in Tempe, Arizona. Scanner's stock is traded on the Over-The-Counter Bulletin Board under the symbol "SCNI." For more information please visit www.scannertech.com.

Certain statements contained in this press release such as "expect" and "confident" and other written and oral statements made from time to time by the Company do not relate strictly to historical or current facts. As such, they are considered forward-looking statements which provide current expectations or forecasts of future events. The statement included in this release with respect to a favorable ruling and reversal of previous court decisions are forward looking statements. These statements involve a variety of risks and uncertainties, known and unknown, including, among others, the risks that an adverse ruling will force Scanner into bankruptcy or that Scanner business will decline even with a favorable ruling. Additional risks related to the Company's business are set forth in the Company's annual and quarterly reports filed with the Securities and Exchange Commission. Consequently, no forward-looking statement can be guaranteed and actual results may vary materially from expectations created by such forward-looking statement.
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Publication:Business Wire
Date:May 9, 2008
Words:495
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