American Science & Engineering, Inc. v. Viken Detection Corporation (D. Mass. 20-cv-11883).

Security technology company American Science & Engineering (AS&E) accuses Viken of infringing three patents related to the use of backscatter and transmission x-ray technology to inspect luggage and the like.  In 1994, AS&E hired an MIT graduate, Dr. Peter Rothschild, who ultimately because a Chief Scientist for the company.  Dr. Rothschild remained with AS&E until 2013, when he resigned.  AS&E alleges that prior to his resignation, Rothschild had already formed Viken’s predecessor, Heuresis Corporation, to compete with AS&E.  AS&E says that Viken’s recently-released backscatter X-ray systems that scan vehicles from the top, bottom, and sides, infringe the three patents.  This technology allows a vehicle to be inspected with the occupants still in the vehicle, without overexposing the occupants.  The complaint asserts that Rothschild took part in the invention of this technology and assisted in the preparation and filing of the asserted patents while he was with AS&E.  AS&E had earlier filed suit against Rothschild and Viken in Massachusetts state court, accusing them of trade secret misappropriation, breach of contract and breach of fiduciary duty. 

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