AS&E to Continue to Pursue Infringement Claim Against Rapiscan to Trial

October 06, 2015

American Science and Engineering, Inc. to Continue to Pursue Infringement Claim Against Rapiscan to Trial

Rapiscan announcement of October 2, 2015 fails to accurately disclose all the facts regarding pending infringement action

BILLERICA, Mass., October 6, 2015 (GLOBE NEWSWIRE) -- American Science and Engineering, Inc. ("AS&E") today issued the following statement in response to Rapiscan’s October 2, 2015 announcement:

Rapiscan did not score a court victory - AS&E’s patent infringement claim against Rapiscan in the UK is ongoing and scheduled for trial in March 2016.  Rapiscan omitted key facts when it claimed victory and announced that AS&E had discontinued its patent infringement case as it relates to the Rapiscan RXV Reflexion Vehicle (“RXV”).  AS&E’s UK patent infringement claim against Rapiscan was amended in part based on Rapiscan fundamentally changing its original submission to the UK Patents Court that identified two vans, as described in various marketing materials, as the same.  Rapiscan’s new submission made a distinction between the two vans, thus leading AS&E to amend the infringement claim.  However, if the RXV, as manufactured and sold by Rapiscan, differs from the written description it has provided to the Court in the new submission, we will revisit our infringement claim options.

AS&E continues to vigorously pursue our infringement claim against Rapiscan - As our investigations have given us good reason to believe that there is a continuing threat by Rapiscan to infringe our UK patent, we are continuing to vigorously pursue the infringement claim against Rapiscan. The Court recently held that there was an adequate basis for AS&E’s allegation of a threat of manufacture and accordingly denied Rapiscan’s application to strike out our infringing action in its entirety. The Court has ordered Rapiscan to disclose all relevant documentation concerning the allegedly infringing product for review by AS&E’s legal team. 

AS&E continues to assert our Intellectual Property rights - AS&E also intends to strenuously defend Rapiscan’s attack on our UK patent at the trial scheduled for March 2016.  Rapiscan is seeking to revoke AS&E’s UK patent, which if successful would lead to so-called “freedom to use” – an apparent confirmation of our perceived threat from Rapiscan’s manufacture, distribution, and sale of an infringing product. 

About AS&E
American Science and Engineering, Inc. (AS&E) is the trusted global provider of threat and contraband detection solutions for ports, borders, military, critical infrastructure, law enforcement, and aviation. With over 50 years of experience, AS&E offers proven, advanced X-ray inspection systems to combat terrorism, drug smuggling, illegal immigration, and trade fraud. AS&E systems are designed in a variety of configurations for cargo and vehicle inspection, parcel inspection, and personnel screening. Using a combination of technologies, these systems provide superior detection capabilities, with high-energy, dual-energy, and Z Backscatter X-rays — pioneered by AS&E. Learn more about AS&E products and technologies at and follow us on Twitter @ase_detects.

Public Relations Contact:   
Dana Harris     
Red Javelin Communications, Inc.  

Laura Berman
American Science and Engineering, Inc.

Safe Harbor Statement: The foregoing press release contains statements concerning AS&E’s financial performance, markets and business operations that may be considered “forward-looking” under applicable securities laws.  AS&E 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 statements contained herein include the following: significant reductions, delays or cancellations (in full or in part) in procurements of the Company’s systems by the United States and other governments; disruption in the supply of any source component incorporated into AS&E's products; litigation seeking to restrict the use of intellectual property used by the Company; limitations under certain laws on the Company’s ability to protect its own intellectual property; 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; the potential insufficiency of Company resources, including human resources, capital, plant and equipment and management systems, to accommodate any future growth; technical problems and other delays that could impact new product development and the Company’s ability to adapt to changes in technology and customer requirements; competitive pressures; lengthy sales cycles both in United States government procurement and procurement abroad;  future delays in federal funding, the market price of the company's stock prevailing from time to time, the nature of other investment opportunities presented to the company from time to time,  the company's cash flows from operations and market and general economic conditions. These and certain other factors which might cause actual results to differ materially from those projected are detailed from time to time in AS&E’s periodic reports and registration statements filed with the Securities and Exchange Commission, which important factors are incorporated herein by reference. AS&E undertakes no obligation to update forward looking statements to reflect changed assumptions, the occurrence of unanticipated events, or changes in future operating results, financial condition or business over time. Readers are further advised to review the “Risk Factors” set forth in the Company’s most recent Form 10-Q and Form 10-K,  which further detail and supplement the factors described in this Safe Harbor Statement.  Among other disclosures, the Risk Factors disclose risks pertaining to that portion of the Company’s business that is dependent on United States government contracting as well as international customers.