ITC Institutes Patent Investigation of Biometric Scanners
The International Trade Commission has instituted a section 337 patent-based investigation of certain biometric scanning devices, components thereof, associated software, and products containing the same, pursuant to a complaint.
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(The products at issue in this investigation are biometric scanning devices and associated software used to capture and process unique physiological characteristics to verify the identity of individuals through fingerprints and palmprints images.)
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Cross Match Technologies, Inc., of Palm Beach Gardens, FL, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain biometric scanning devices, components thereof, associated software, and products containing the same that infringe patents asserted by Cross Match.
The complainant requests that the ITC issue an exclusion order and a cease and desist order.
Respondents Alleged to Be in Violation of Section 337
The ITC has identified the following respondents alleged to be in violation of section 337 in this investigation:
Mentalix, Inc., of Plano, TX; and
Suprema, Inc., of Korea.
ALJ to Determine if Violation Occurred
By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge (ALJ), who will make an initial determination as to whether there is a violation of section 337, which is subject to review by the ITC.
(Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.)
(Press release dated 06/11/10, Inv. No. 337-TA-720)