On November 10, the Commission issued the public version of an opinion modifying in part former Chief ALJ Luckern’s ID in Inv. No. 337-TA-720, Certain Biometric Scanning Devices, Components Thereof Associated Software and Products Containing the Same. The investigation was instituted by a complaint filed by Cross Match Technologies, Inc. (“Cross Match”). The complaint alleged that respondents Suprema, Inc. and Mentalix infringed certain claims of four patents.

The former Chief ALJ issued an ID finding infringement of two patents, including Claim 19 of U.S. Patent No. 7,203,344 (“the ’344 patent”), which was the subject of the Commission’s review. The ALJ found that certain Suprema products infringe claim 19 of the ’344 patent when integrated with Mentalix’s software, but did not name the infringer or state whether infringement was direct and/or indirect. The Commission modified-in-part the ALJ’s finding to include the specific determinations that Mentalix directly infringes claim 19 of the ’344 patent, and that Suprema indirectly infringes claim 19 via induced infringement, but not contributory infringement. The Commission also adopted the ALJ’s recommended determination on remedy and bonding.