Limited Exclusion and Cease and Desist Orders; Terminations of Investigations: Certain Biometric Scanning Devices, Components Thereof, Associated Software, and Products Containing the Same, 69762-69763 [2011-27884]

Download as PDF 69762 Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Notices IDAHO WYOMING Latah County Hot Springs County Kirby Jail and Town Hall, 120 E. 4th St., Kirby, 11000875 Lawrence, Russell, Farmstead, (Agricultural Properties of Latah County, Idaho MPS) 5471 ID 8, Deary, 11000862 [FR Doc. 2011–28976 Filed 11–8–11; 8:45 am] BILLING CODE 4312–51–P MICHIGAN Berrien County Buchanan North and West Neighborhoods Historic District, Roughly bounded by Main, 4th, Chippewa, W. Front, S. Detroit, Chicago, Clark, Roe & Charles Sts., Buchanan, 11000863 Ingham County Michigan State Medical Society Building, 120 W. Saginaw St., East Lansing, 11000864 Mackinac County MISSISSIPPI Carroll County Midway Methodist Church and Cemetery, Cnty. Rd. 31, Vaiden, 11000868 Jackson County International Ship Building Company, Roughly bounded by Columbus Dr., Yazoo Lake, Garfield, Monroe, & Gen. Lee Sts. & Wright, Lafayette, & McKinley Aves., Pascagoula, 11000869 Lincoln County Cohn, Emile, House, 536 S. Jackson St., Brookhaven, 11000870 MONTANA Missoula County University of Montana Historic District (Boundary Increase), 32 Campus Dr., Missoula, 11000871 NEW JERSEY Mercer County Bear Tavern Road—Jacob’s Creek Crossing Rural Historic District, Bear Tavern Rd. & Jacobs Creek Rd. (Hopewell & Ewing Townships), Somerset, 11000872 emcdonald on DSK5VPTVN1PROD with NOTICES VIRGINIA Fauquier County Auburn Battlefield, (Civil War in Virginia MPS) Bounded by Casanova, Auburn Baptist Church, & Catlett, Catlett, 11000873 18:04 Nov 08, 2011 Jkt 226001 Notice is hereby given that the U.S. International Trade Commission has determined to modify a final initial determination (‘‘ID’’) of the presiding administrative law judge (‘‘ALJ’’) finding a violation of section 337 by respondents in the abovecaptioned investigation, and has issued a limited exclusion order directed against products of respondents Suprema, Inc. (‘‘Suprema’’) of Gyeonggi, Korea and Mentalix, Inc. (‘‘Mentalix’’) of Plano, Texas, and a cease and desist order directed against Mentalix. FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708–2310. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its Internet server at http://www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http:// edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on June 17, 2010 based on a complaint filed on May 11, 2010, by Cross Match Technologies, Inc. (‘‘Cross Match’’) of Palm Beach Gardens, Florida. 75 FR SUMMARY: Nacirema Club, 6118 30th St., Detroit, 11000867 VerDate Mar<15>2010 Limited Exclusion and Cease and Desist Orders; Terminations of Investigations: Certain Biometric Scanning Devices, Components Thereof, Associated Software, and Products Containing the Same U.S. International Trade Commission. ACTION: Notice. Wayne County Forestville Historic District, Jct. of VA 42, 614 & 767, Forestville, 11000874 [Investigation No. 337–TA–720] AGENCY: Hiawatha Sportsman’s Club 1931 Maintenance Building and Commissary, Lake Blvd. (Garfield Township), Millecoquins, 11000865 Manitou Lodge, G Trail, Hiawatha Sportman’s Club (Garfield Township), Naubinway, 11000866 Shenandoah County INTERNATIONAL TRADE COMMISSION PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 34482–83. The complaint, as amended on May 26, 2010, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain biometric scanning devices, components thereof, associated software, and products containing the same by reason of infringement of certain claims of U.S. Patent Nos. 5,900,993 (‘‘the ’993 patent’’); 7,203,344 (‘‘the ’344 patent’’); 7,277,562 (‘‘the ’562 patent’’); and 6,483,932 (‘‘the ’932 patent’’). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337, and names two respondents, Suprema and Mentalix. On November 10, 2010, the Commission issued notice of its determination not to review the ALJ’s ID granting Cross Match’s motion to amend the complaint by adding allegations of infringement as to claims 5–6, 12, and 30 of the ’562 patent, and claims 7, 15, 19, and 45 of the ’44 patent. On December 27, 2010, the Commission issued notice of its determination not to review the ALJ’s ID granting Cross Match’s motion to terminate the investigation as to claims 6–8, 13–15, and 19–21 of the ’932 patent (eliminating this patent from the investigation); claims 13 and 16 of the ’993 patent; claims 4, 15, 30, 32, and 44 of the ’344 patent; and claim 2 of the ’562 patent based on withdrawal of these claims from the complaint. On March 18, 2011, the Commission issued notice of its determination not to review the ALJ’s ID granting Cross Match’s motion for summary determination that it satisfies the economic prong of the domestic industry requirement. On June 17, 2011, the ALJ issued his final ID finding a violation of section 337 by reason of infringement of one or more of claims 10, 12, and 15 of the ’993 patent by the imported devices. The ALJ also found a violation of section 337 by reason of infringement of claim 19 of the ’344 patent. The ALJ found no violation of section 337 with respect to the ’562 patent. He also issued his recommendation on remedy and bonding during the period of Presidential review. On July 5, 2011, Cross Match, respondents, and the Commission investigative attorney (‘‘IA’’) each filed a petition for review of the final ID; and on July 13, 2011, each filed a response to the opposing petitions. On August 18, 2011, the Commission determined to review the ALJ’s finding of a violation of section 337 based on infringement of claim 19 of the ’344 E:\FR\FM\09NON1.SGM 09NON1 emcdonald on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Notices patent. The determinations made in the final ID that were not reviewed became final determinations of the Commission by operation of rule. See 19 U.S.C. 210.42(h). The Commission requested briefing on certain questions concerning the issues under review and requested written submissions on the issues of remedy, the public interest, and bonding from the parties and interested non-parties. 76 FR 52970–71 (August 24, 2011). On August 30 and September 8, 2011, respectively, complainant Cross Match, respondents, and the IA each filed a brief and a reply brief on the issues for which the Commission requested written submissions. Having reviewed the record in this investigation, including the final ID and the parties’ written submissions, the Commission has determined to: (1) Modify-in-part the final ID and issue an Opinion supplementing the ID’s analysis concerning its finding that the accused scanners infringe claim 19 of the ’344 patent; and (2) affirm all other findings of the ID underlying the issue under review. Specifically, the Commission has determined that respondent Mentalix directly infringes claim 19 of the ’344 patent, and that respondent Suprema indirectly infringes claim 19, via induced infringement, but does not infringe claim 19 via contributory infringement. These actions result in a finding of a violation of section 337 with respect to claim 19 of the ’344 patent. Further, the Commission has made its determination on the issues of remedy, the public interest, and bonding. The Commission has determined that the appropriate form of relief is both: (1) A limited exclusion order prohibiting 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 VerDate Mar<15>2010 18:04 Nov 08, 2011 Jkt 226001 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 Commission further determined that the public interest factors enumerated in sections 337(d)(1), (f)(1) (19 U.S.C. 1337(d)(1), (f)(1)) do not preclude issuance of the limited exclusion or cease and desist order. Finally, the Commission determined that a bond of 100 percent of the entered value of the covered products is required to permit temporary importation during the period of Presidential review (19 U.S.C. 1337(j)). The Commission’s orders and opinion were delivered to the President and to the United States Trade Representative on the day of their issuance. The Commission has terminated this investigation. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in sections 210.42, 210.45, and 210.50 of the Commission’s Rules of Practice and Procedure (19 CFR 210.42, 210.45, 210.50). By order of the Commission. Issued: October 24, 2011. James R. Holbein, Secretary to the Commission. INTERNATIONAL TRADE COMMISSION [USITC SE–11–031] Government In the Sunshine Act Meeting Notice Agency Holding The Meeting: United States International Trade Commission. DATES: Time and Date: November 15, 2011 at 11 a.m. PLACE: Room 100, 500 E Street SW., Washington, DC 20436, Telephone: (202) 205–2000. STATUS: Open to the public. AGENCY: Matters To Be Considered 1. Agendas for future meetings: none. 2. Minutes. 3. Ratification List. 4. Vote in Inv. Nos. 731–TA–340–E and H (Third Review) (Solid Urea from Russia and Ukraine). The Commission is currently scheduled to transmit its determinations and Commissioners’ opinions to the Secretary of Commerce on or before December 5, 2011. 5. Outstanding action jackets: none. In accordance with Commission policy, subject matter listed above, not Fmt 4703 Sfmt 9990 Issued: November 4, 2011. By order of the Commission. William R. Bishop, Hearings and Meetings Coordinator. [FR Doc. 2011–29124 Filed 11–7–11; 11:15 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [USITC SE–11–032] Government in the Sunshine Act Meeting Notice Agency Holding the Meeting: United States International Trade Commission. AGENCY: Time and Date: November 17, 2011 at 11 a.m. DATES: Place: Room 100, 500 E Street SW., Washington, DC 20436, Telephone: (202) 205–2000. Matters To Be Considered BILLING CODE 7020–02–P Frm 00064 disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. Status: Open to the public. [FR Doc. 2011–27884 Filed 11–8–11; 8:45 am] PO 00000 69763 1. Agendas for future meetings: none. 2. Minutes. 3. Ratification List. 4. Vote in Inv. Nos. 731–TA–540 and 541 (Third Review) (Welded Stainless Steel Pipe from Korea and Taiwan). The Commission is currently scheduled to transmit its determinations and Commissioners’ opinions to the Secretary of Commerce on or before December 1, 2011. 5. Vote in Inv. No. 731–TA–461 (Third Review) (Gray Portland Cement and Cement Clinker from Japan). The Commission is currently scheduled to transmit its determination and Commissioners’ opinions to the Secretary of Commerce on or before December 2, 2011. 6. Outstanding action jackets: none. In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. By order of the Commission. Issued: November 4, 2011. William R. Bishop, Hearings and Meetings Coordinator. [FR Doc. 2011–29125 Filed 11–7–11; 11:15 am] BILLING CODE 7020–02–P E:\FR\FM\09NON1.SGM 09NON1

Agencies

[Federal Register Volume 76, Number 217 (Wednesday, November 9, 2011)]
[Notices]
[Pages 69762-69763]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27884]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-720]


Limited Exclusion and Cease and Desist Orders; Terminations of 
Investigations: Certain Biometric Scanning Devices, Components Thereof, 
Associated Software, and Products Containing the Same

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to modify a final initial determination 
(``ID'') of the presiding administrative law judge (``ALJ'') finding a 
violation of section 337 by respondents in the above-captioned 
investigation, and has issued a limited exclusion order directed 
against products of respondents Suprema, Inc. (``Suprema'') of 
Gyeonggi, Korea and Mentalix, Inc. (``Mentalix'') of Plano, Texas, and 
a cease and desist order directed against Mentalix.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 708-2310. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW., Washington, DC 20436, 
telephone (202) 205-2000. General information concerning the Commission 
may also be obtained by accessing its Internet server at http://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on June 17, 2010 based on a complaint filed on May 11, 2010, by Cross 
Match Technologies, Inc. (``Cross Match'') of Palm Beach Gardens, 
Florida. 75 FR 34482-83. The complaint, as amended on May 26, 2010, 
alleges violations of section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337, in the importation into the United States, the 
sale for importation, and the sale within the United States after 
importation of certain biometric scanning devices, components thereof, 
associated software, and products containing the same by reason of 
infringement of certain claims of U.S. Patent Nos. 5,900,993 (``the 
'993 patent''); 7,203,344 (``the '344 patent''); 7,277,562 (``the '562 
patent''); and 6,483,932 (``the '932 patent''). The complaint further 
alleges that an industry in the United States exists as required by 
subsection (a)(2) of section 337, and names two respondents, Suprema 
and Mentalix.
    On November 10, 2010, the Commission issued notice of its 
determination not to review the ALJ's ID granting Cross Match's motion 
to amend the complaint by adding allegations of infringement as to 
claims 5-6, 12, and 30 of the '562 patent, and claims 7, 15, 19, and 45 
of the '44 patent. On December 27, 2010, the Commission issued notice 
of its determination not to review the ALJ's ID granting Cross Match's 
motion to terminate the investigation as to claims 6-8, 13-15, and 19-
21 of the '932 patent (eliminating this patent from the investigation); 
claims 13 and 16 of the '993 patent; claims 4, 15, 30, 32, and 44 of 
the '344 patent; and claim 2 of the '562 patent based on withdrawal of 
these claims from the complaint. On March 18, 2011, the Commission 
issued notice of its determination not to review the ALJ's ID granting 
Cross Match's motion for summary determination that it satisfies the 
economic prong of the domestic industry requirement.
    On June 17, 2011, the ALJ issued his final ID finding a violation 
of section 337 by reason of infringement of one or more of claims 10, 
12, and 15 of the '993 patent by the imported devices. The ALJ also 
found a violation of section 337 by reason of infringement of claim 19 
of the '344 patent. The ALJ found no violation of section 337 with 
respect to the '562 patent. He also issued his recommendation on remedy 
and bonding during the period of Presidential review. On July 5, 2011, 
Cross Match, respondents, and the Commission investigative attorney 
(``IA'') each filed a petition for review of the final ID; and on July 
13, 2011, each filed a response to the opposing petitions.
    On August 18, 2011, the Commission determined to review the ALJ's 
finding of a violation of section 337 based on infringement of claim 19 
of the '344

[[Page 69763]]

patent. The determinations made in the final ID that were not reviewed 
became final determinations of the Commission by operation of rule. See 
19 U.S.C. 210.42(h).
    The Commission requested briefing on certain questions concerning 
the issues under review and requested written submissions on the issues 
of remedy, the public interest, and bonding from the parties and 
interested non-parties. 76 FR 52970-71 (August 24, 2011).
    On August 30 and September 8, 2011, respectively, complainant Cross 
Match, respondents, and the IA each filed a brief and a reply brief on 
the issues for which the Commission requested written submissions.
    Having reviewed the record in this investigation, including the 
final ID and the parties' written submissions, the Commission has 
determined to: (1) Modify-in-part the final ID and issue an Opinion 
supplementing the ID's analysis concerning its finding that the accused 
scanners infringe claim 19 of the '344 patent; and (2) affirm all other 
findings of the ID underlying the issue under review. Specifically, the 
Commission has determined that respondent Mentalix directly infringes 
claim 19 of the '344 patent, and that respondent Suprema indirectly 
infringes claim 19, via induced infringement, but does not infringe 
claim 19 via contributory infringement. These actions result in a 
finding of a violation of section 337 with respect to claim 19 of the 
'344 patent.
    Further, the Commission has made its determination on the issues of 
remedy, the public interest, and bonding. The Commission has determined 
that the appropriate form of relief is both: (1) A limited exclusion 
order prohibiting 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 Commission further determined that the public interest factors 
enumerated in sections 337(d)(1), (f)(1) (19 U.S.C. 1337(d)(1), (f)(1)) 
do not preclude issuance of the limited exclusion or cease and desist 
order. Finally, the Commission determined that a bond of 100 percent of 
the entered value of the covered products is required to permit 
temporary importation during the period of Presidential review (19 
U.S.C. 1337(j)). The Commission's orders and opinion were delivered to 
the President and to the United States Trade Representative on the day 
of their issuance.
    The Commission has terminated this investigation. The authority for 
the Commission's determination is contained in section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and in sections 
210.42, 210.45, and 210.50 of the Commission's Rules of Practice and 
Procedure (19 CFR 210.42, 210.45, 210.50).

    By order of the Commission.

    Issued: October 24, 2011.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-27884 Filed 11-8-11; 8:45 am]
BILLING CODE 7020-02-P