Bestex Company, Inc. Counterclaims Against Taser International, Inc.

    LOS ANGELES, June 12 /PRNewswire/ -- Bestex Company, Inc. today
 announced that on June 2, 2006, it answered the complaint in U.S. District
 Court for the Central District of California, Los Angeles Case No.
 CV06-2636 PA (SHx) and counterclaimed against Taser International, Inc.
 (Nasdaq:   TASR), a manufacturer of stun weapons for law enforcement and
 consumers, for unfair competition/false advertising under both the federal
 Lanham Act, 15 U.S.C. 1125 and the California State Business and
 Professions Code 17200, et seq.
     The Counterclaim acknowledges that two other competitors, the OTCBB
 traded Stinger Systems, Inc. and the AMEX traded Law Enforcement Associates
 Corporation, both of whom are uninvolved in the law suit, manufacture stun
 weapons with patent pending delivery systems, which allow their stun
 weapons to effectively disable violent assailants for law enforcement
 capture with lower powered shocks than Taser International, Inc.'s model
 M26 stun weapons. The Counterclaim also acknowledges that Stinger System,
 Inc.'s stun weapons have a patented power cut off safety feature that is
 properly advertised and that Law Enforcement Associates Corporation's stun
 weapons have a power cut off safety feature that is properly advertised.
 Bestex Company, Inc. has sold air guns that fire darts to shock human
 targets to the very small consumer market for such devices in the United
 States for some 20 years.
     Bestex Company, Inc.'s Counterclaim against Taser International, Inc.
 alleges among other allegations:
      "8. In 1976, the United States Consumer Product Safety Commission tested
          two Taser Public Defenders, that is two model TF-1 tasers,
          manufactured by Taser Systems, Inc.  Shocks from the TF-1 were
          calculated to be approximately at the human "let go threshold".  The
          human let go threshold for electrical currents (which is magnitudes
          below the cardiac safety limits for such currents) has always been
          the scientific and engineering communities accepted limit for safe
          electrical shocks.  Dr. Theodore Bernstein, the scientist testing the
          electrical shocks from the TF1 for the Consumer Product Safety
          Commission and a recognized authority in the field of electric shock
          effects, concluded "The Taser electrical output is not lethal."  The
          United States Bureau of Engineering Standards agreed "with the
          finding that the Taser should not be lethal to a normally healthy
          person."
 
      10. The model M26 taser gun outputs over 5 times the amount of electrical
          power of the model TF-1 taser gun originally tested by the United
          States Consumer Product Safety Commission in 1976.
 
      11. Taser claims and has repeatedly claimed that its M18 and M26 tasers
          are "non lethal".
 
      12. Taser did no human medical testing prior to introducing either the
          Model M18 or the Model M26 tasers into commerce.
 
      13. Taser bases its claims of non-lethality on the fact that its Model
          M18 and M26 tasers, which each shock with electrical power levels
          well above the human "let go threshold", each also shock at power
          levels below the cardiac safety power limits established by
          international safety standard IEC479-2 and other electrocution
          equations for shocks.
 
      15. Taser willfully or negligently uses or has used a materially false or
          misleading description of fact or a materially false or misleading
          representation of fact on or in connection with the Model M26 taser
          or on or in connection with the packaging for the M26 taser, within
          the meaning of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a).
 
      17. Taser's materially false and misleading descriptions and
          representations include, but are not limited to, descriptions or
          representations that state or imply that the Model M26 taser is
          1) "non lethal" and 2) has cut off circuitry that turns the taser off
          after 5 seconds of operation and prevents the taser from again
          firing, that is outputting a disabling shock, until the taser's
          trigger is again pressed by the operator.
 
      19. Taser's materially false and misleading descriptions and
          representations on or in connection with the model M26 stun pistol
          misrepresent the nature, characteristics and qualities of the model
          M26 taser.
 
      21. Contrary to Taser's false and misleading representations of fact, the
          cardiac safety limits are plotted on statistical curves, therefore,
          there always exist a risk of electrocution from taser shocks, that
          are below the cardiac safety power limits, for some portion of the
          representative population. Secondary causes resulting from the higher
          powered electric shocks from the model M-18 or M-26 tasers, like
          uncontrolled falls and vertebral and other fractures from violent
          shock induced paroxysms, also risk death.  Additionally, the mere
          physical exertion from an electrical shock from a high powered M18 or
          M26 taser may cause an already compromised heart to arrest.  Use of
          Taser's M18 taser risks death.  Use of Taser's M-26 taser risks
          death.
 
      22. International standard IEC479-2 and all other pertinent electrocution
          equations are, also, time based equations, which are only valid for
          shocks of a few seconds duration each.  After such duration, the
          shock's effect on the homeostasis of the human body's organ systems
          rapidly reduces the safe cardiac power limit for a shock.  Not only
          the direct effect of the shock's current upon the human heart, but
          also the indirect effects of the electrical shock upon the human
          heart, must be considered.  For example, a shock's contraction of the
          intercostal muscles involved in the mechanics of breathing or a
          shock's causing anoxia in those muscle's can lead to systemic oxygen
          deprivation, additional strain on the heart and a corresponding
          reduction in its ability to withstand the full effects of an electric
          shock without going into cardiac arrest.  Accordingly, the human let
          go threshold for electric currents (which is magnitudes below the
          cardiac safety limits for such currents) has always been accepted by
          the scientific and engineering community as the limit for safe
          electrical shocks.  Use of Taser's model M18 taser risks death.  Use
          of Taser's model M26 taser risks death.
 
      23. Contrary to Taser's false and misleading descriptions and
          representations of fact, Taser's model M18 and M26 tasers lack any
          cut off circuitry to turn the taser off after 5 seconds of operation
          and prevent the taser from again firing, that is outputting a
          disabling shock, until the taser's trigger is again pressed by the
          operator or to intermittently interrupt the shock for any safe period
          if the trigger is continuously depressed.  Therefore, an M18 or M26
          operator can shock human targets for long durations for which the
          IEC479-2 standards and other electrocution equations are not valid.
 
      24. Bestex has lawfully sold and lawfully sells a model DDS-100 Dual
          Defense System air pistol in competition with Taser's M18 and M26
          tasers.  The DDS-100 also disables human targets by means of an
          electric shock.  The DDS-100 effectively disables human targets for
          capture, but with less visibly dramatic effect than the M18 or M26
          taser.  The DDS-100 lacks any cut off circuitry to turn the taser off
          after 5 seconds of operation and prevent the taser from again firing,
          that is outputting a disabling shock, until the taser's trigger is
          again pressed by the operator or to intermittently interrupt the
          shock for any safe period if the trigger is continuously depressed,
          as the DDS-100 shocks at power levels approximately at the human let
          go threshold and at approximately the power levels of the TF1 tasers
          originally tested by the United States Consumer Product Safety
          Commission and concluded to be "not lethal".
 
      25. A public corporation with a market cap of tens of millions of
          dollars, Stinger Systems, Inc. (OTC Bulletin Board:   STIY) also
          manufactures, sells and distributes a stun pistol that disables human
          targets by means of an electric shock, that shocks with higher
          powered and more dramatically disabling shocks than Bestex's model
          DDS-100 stun pistol and that advertises safety circuitry that
          intermittently interrupts the Stinger stun pistol's shock for a safe
          period if the trigger is continuously depressed.  Stinger Systems,
          Inc., however, does incorporate such safety circuitry into its stun
          pistol as an embodiment of its U.S. Patent Number 5,193,048.  Stinger
          Systems, Inc.'s stun pistol also employs a novel patent pending
          delivery system that allows it to dramatically and effectively
          disable with lower powered shocks than either the M18 or M26 tasers.
          However, Stinger Systems, Inc. has only recently made significant
          inroads into the stun pistol market in the United States of America.
 
      26. Another public corporation with a market cap of tens of millions of
          dollars, Law Enforcement Associates Corporation (Amex:   AID) also
          manufactures, sells and distributes a stun pistol that disables human
          targets by means of an electric shock, that shocks with higher
          powered and more dramatically disabling shocks than Bestex's model
          DDS-100 stun pistol and that advertises safety circuitry that turns
          the Law Enforcement Associates Corporation's stun pistol's circuitry
          off after 5 seconds of operation and prevents the stun pistol from
          again firing, that is outputting a disabling shock, until the stun
          pistols trigger is again pressed by the operator.  Law Enforcement
          Associates Corporation, however, does incorporate such safety
          circuitry into its stun pistol.  Law Enforcement Associates
          Corporation's stun pistol also employs a novel patent pending
          delivery system and proprietary FMT technology(TM) that allows it to
          dramatically and effectively disable with lower powered shocks than
          either the M18 or M26 tasers.  However, Law Enforcement Associates
          Corporation has not yet introduced its superior stun pistol into
          commerce, as it has announced negotiations with an experienced
          manufacturer/distributor to partner in introducing the weapon to
          market.
 
      27. Taser's materially false and misleading descriptions and
          representations on or in connection with the Model M18 taser have
          injured and continue to injure Bestex by causing it to lose customers
          and sales resulting in business losses."
     Among other relief sought, Bestex Company, Inc.'s Counterclaim prays
 that the United States District Court will:
     "1.3 Invalidate U.S. Patent No. 5,078,117 for misuse;
 
      1.7 Award Defendant Bestex damages as against Plaintiff Taser for unfair
          competition/false advertising according to proof;
 
      1.8 Permanently enjoin Plaintiff Taser, its officers, agents, employee
          and all others in concert of participation with them from further
          acts of unfair competition pursuant to Section 34(a) of the Lanham
          Act, 15 U.S.C. 1116(a), California business and Professions Code
          17200, et seq. and/or equity;
 
     1.10 Award Defendant Bestex Plaintiff Taser's profits and unjust
          enrichment from its unfair competition pursuant to Section 34(a) of
          the Lanham Act, 15 U.S.C. 1117(a), California Business and
          Professions Code 17200, et seq. and/or common law according to proof.
 
     1.11 Award Defendant exemplary and punitive damages as against Plaintiff
          Taser according to proof."
     Commenting, Mr. Yong Park, president of Bestex Company, Inc., stated
 "Bestex Company, Inc. will be seeking arrangements to cooperate to exchange
 expert information with any Plaintiffs, who have products liability suits
 pending against Taser International, Inc. Bestex Company, Inc. believes
 that its suit against Taser International, Inc. will benefit from any such
 information supplied it by any such Plaintiffs. Those suing Taser
 International, Inc. for products liability should also reap enormous
 benefits from any expert reports and opinions that might be supplied them
 by Bestex Company, Inc., especially, considering Bestex Company, Inc.'s
 over 20 years experience with stun weapon technology and its long standing
 relationships with scientific, medical and engineering experts in the field
 of stun weapon technology and the effects of stun weapons on the human
 physiology. Any products liability Plaintiff's, interested in the
 possibility of arranging such a cooperative relation with Bestex Company,
 Inc., should contact its attorney as listed on its Answer for case
 CV06-2636 PA (SHx)."
 
 

SOURCE Bestex Company, Inc.

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