ITC Institutes Investigation (337-TA-1317) into certain barcode scanners

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On May 31, 2022, the ITC issued a Notice of Inquiry in Certain barcode scanners, scanning engines, portable computers with barcode scanning capabilities, products containing them and their components (Inv. no. 337-TA-1317).

As a reminder, this survey is based on a survey of May 2, 2022 complaint filed by Honeywell International Inc. of Charlotte, North Carolina and Hand Held Products, Inc. of Charlotte, North Carolina (collectively, the “Plaintiffs”) alleging violations of Section 337 by Defendants Zebra Technologies Corporation of Lincolnshire, Illinois and Symbol Technologies, Inc. of Holtsville, New York (collectively, the “Respondents”) in the illegal importation/sale of certain barcode scanners, scanning engines, laptop computers with barcode scanning capabilities , products containing them and components thereof by reason of infringement of certain claims of U.S. Patent No. 9,465,970 (“the ‘970 patent”); U.S. Patent No. 10,956,695 (“the ‘695 patent”); and U.S. Patent No. 11,238,252 (“the ‘252 patent”).

According to the complaint, the ‘970 patent relates to an apparatus using a CMOS (complementary metal oxide semiconductor) image sensor in global shutter mode to decode a bar code; the ‘695 patent relates to an indicia reader with a decoding module and an audio indication system supported in a housing; and the ‘252 patent relates to an apparatus “capable of shooting functionality and excellent bar code decoding functionality”. The offending products are barcode scanning engines and barcode scanners (such as stationary scanners, handheld scanners, companion scanners, wired scanners, wireless scanners, and mobile scanning devices), mobile computers with barcode reading capabilities (such as portable scanners, tablets, and laptops) and their components (such as non-decoded scanners, decoder boards, and imaging modules). The plaintiffs are asking the Commission to issue a limited exclusion order and a cease and desist order against the defendants. According to the Notice of Investigation, the Bureau of Unfair Import Investigations will not participate as a party in the investigation. Finally, Chief ALJ Clark S. Cheney released a to remark indicating that ALJ Monica Bhattacharyya will chair the inquiry.

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