On March 9, 2022, the ITC issued a Notice of Investigation in Certain Barcode Scanners, Mobile Computers With Barcode Scanning Capabilities, Scan Engines, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-1307).
By way of background, this investigation is based on a February 7, 2022 complaint filed by Zebra Technologies Corporation of Lincolnshire, Illinois and Symbol Technologies, LLC of Holtsville, New York (collectively, "Complainants") alleging violations of section 337 by Respondents Honeywell International Inc. and Hand Held Products, Inc., both of Charlotte, North Caroline (collectively, "Respondents") in the unlawful importation/sale of certain barcode scanners, mobile computers with barcode scanning capabilities, scan engines, components thereof, and products containing the same by reason of infringement of certain claims of U.S. Patent No. 7,478,753 ("the '753 patent"); U.S. Patent No. 7,905,414 ("the '414 patent"); U.S. Patent No. 9,800,749 ("the '749 patent"); and U.S. Patent No. 10,732,380 ("the '380 patent").
According to the complaint, the '753 patent generally relates to a system and method for performing scanning by using a read operation that acquires a series of frames of image data and processes the frames of the image; the '414 patent generally relates to an imaging assembly comprising a focus control element, such as a liquid imaging lens, that has variable transfer function characteristics for capturing, optically modifying, and directing return light from the target onto the imager for processing into an electrical signal indicative of the target during a reading mode of operation; the '749 patent generally to systems and methods to read a distance to a target by image capture over a range of working distances; and the '380 patent generally relates to an imaging reader comprising a variable focus imaging assembly with a controller that controls the operation of a variable focus optical element by defining a plurality of imaging planes over the working distance of the imaging reader. The accused products are barcode scanners, mobile computers with barcode scanning capabilities, scan engines, and components thereof. Complainants are requesting that the Commission issue a limited exclusion order and cease-and-desist order against Respondents. According to the Notice of Investigation, the Office of Unfair Import Investigations will not participate as a party in the investigation. Lastly, Chief ALJ Clark S. Cheney issued a notice indicating that ALJ Cameron R. Elliot will preside in the investigation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
