Biometric Scanning Devices: ITC Issues LEO & C/D Orders, Sets 100% Bond
The International Trade Commission has determined to modify a final initial determination of the presiding administrative law judge finding a violation of section 337 of the Tariff Act of 1930 by respondents in the investigation on "Certain Biometric Scanning Devices, Components thereof, Associated Software, and Products Containing Same" (337-TA-720), and has issued a limited exclusion order directed against products of respondents Suprema, Inc. of Gyeonggi, Korea and Mentalix, Inc. of Plano, Texas, and a cease and desist order directed against Mentalix.
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The limited exclusion order prohibits the unlicensed entry of biometric scanning devices, components thereof, associated software, and products containing the same that infringe one or more of claims 10, 12, and 15 of the '993 patent and claim 19 of the '344 patent where the infringing scanning devices are manufactured abroad by or on behalf of, or are imported by or on behalf of, Suprema or Mentalix, or any of their affiliated companies, parents, subsidiaries, licensees, contractors, or other related business entities, or successors or assigns; and (2) a cease and desist order prohibiting Mentalix, Inc. from conducting any of the following activities in the United States: importing, selling, marketing, advertising, distributing, offering for sale, transferring (except for exportation), and soliciting U.S. agents or distributors for, biometric scanning devices, components thereof, associated software, and products containing the same that infringe one or more of claims 10, 12, and 15 of the '993 patent and claim 19 of the '344 patent.
The ITC further determined that that a bond of 100% of the entered value of the covered products is required to permit temporary importation during the Presidential review under 19 USC 1337(j).
The ITC states that these actions terminate the investigation.
(FR Pub 11/09/11, Investigation No. 337-TA-720)