On June 17, 2011, Chief ALJ Paul J. Luckern issued a notice regarding the Final Initial and Recommended Determinations on Remedy and Bond (“ID”) in Certain Biometric Scanning Devices, Components Thereof, Associated Software, and Products Containing the Same (Inv. No. 337-TA-720).

By way of background, this investigation is based on a May 11, 2010 complaint filed by Cross Match Technologies, Inc. of Palm Beach Gardens, Florida alleging violation of Section 337 by Suprema, Inc. of South Korea and Mentalix, Inc. of Plano, Texas through their infringement of U.S. Patent Nos. 5,900,993 (the ‘993 patent), 6,483,932, 7,203,344 (the ‘344 patent), and 7,277,562 (the ‘562).  See our June 14, 2010 post for more details.

According to the notice, ALJ Luckern determined that a violation of Section 337 had occurred by reason of infringement of the ‘993 and ‘344 patents.  The ALJ further determined that the asserted claims of the ‘993, ‘334 or ‘562 patents are not invalid.

ALJ Luckern also determined that a domestic industry had been established, and in the event a Section 337 violation is found by the Commission, the ALJ recommended a limited exclusion order, an appropriate cease and desist order, and a bond of 100% of entered value during the Presidential review period.

The notice issued by ALJ Luckern released only the title page, the conclusions of law, and the order.  We will provide additional information after the public version of the ID issues in its entirety.