“Basically, they didn’t apologize for their infringement,” said Hutton. “They admitted it by saying they’ve stopped selling the one scanner that they were found to have infringed and they’re selling a different scanner.”
A spokeswoman for Mentalix said that the company has no comment about the case at this time.
Hutton said Cross Match is currently evaluating its option on how to proceed with the case. “The exclusion order stands. We go back to the ITC to clarify the exclusion order with respect to hardware,” she said.
Although the case that was brought before the ITC and appealed to the Federal Circuit only provided injunctive relief, Hutton said that Cross Match is also looking into whether or not it will seek monetary damages as the company still has a case pending in a U.S. District Court.
“What we wanted, initially, because we knew there were not a lot of prior sales of the Suprema device in the United States, was to keep their infringing products out of the country,” added Hutton. “The U.S. District Court in Texas; that would be a forum to claim damages. That case was filed and put on hold while we went through the ITC process.”
Kim is confident that Suprema will prevail in any further litigation.
“As to the Texas case, we are not going to try the case in the press, but will point out the absurdity of Cross Match's claims that Suprema induced only one customer out of many to somehow infringe its '344 patent, when the industry knows that biometric standards are set by law enforcement agencies and the government, not by Suprema,” said Kim. “Cross Match's technology is relevant only to products of the past, not the present.”
Kim doesn’t’ believe the case has harmed Suprema’s reputation in the market and accused of Cross Match of waging a media smear campaign. “In my opinion, the only damaging material arising out of this case is Cross Match's misleading statements to the media,” he said.
Despite the rulings by the ITC and the Federal Circuit, Hutton said that Cross Match hasn’t yet assessed the total damage of this infringement to the company.