US Court of Appeals for the Federal Circuit Rules Suprema As Not Liable For Patent Infringement

December 16, 2013 – by Peter B. Counter

On Friday the United States Court of Appeals for the Federal Circuit (CAFC) made its ruling in the appeal of the patent infringement action between Suprema and Cross Match Technologies initially decided by the US International Trade Commission (ITC).

The CAFC has officially vacated the Trade Commission’s previous 2011 ruling that Suprema and Mentalix had infringed on US Patent 7,203,334. Additionally the Court of Appeals affirmed that Suprema’s RealScan line of products does not infringe on Patent 7,277,562 held by Cross Match Technologies.

Though the initial judgement by the ITC was also affirmed by the CAFC – ruling that Suprema’s RealScan-10 live scanner did infringe on Cross Match’s Patent 5,900,993 – this specific model has been discontinued and replaced. The new live scanner (RealScan-G10) does not infringe on any Cross Match patents, according to the newest judgement.

This single patent infringement by a discontinued device inevitably means that Suprema’s current live scanner product line carries no import restrictions.