when the earlier device was introduced...
by mikohn, named "safejack", that system had a similar feature. the shoe sensor read the "upc's" on the cards as they were dealt. that information was transmitted to surveillance, and to a screen at the pit stand. deck "counts" were shown and decks which were "out of line" were noticed to the pitstiff. if that information was only used to focus attention on a possible card counter, that is little different than the approved software applications now in use. another feature of the earlier system was to sense (embedded) checque denominations from sensors under the layout. this ostensibly was to audit checque changes, color-ups, buy-ins, and player wagers. a comparison of player wagers and "the count" was available.
the problem with the suit as i see it is to establish that the device is more than a tool to identify and reward "premium" players as stated by the casino licensees. even card counter identification isn't illegal. if there were to be somehow documented instances where the information vis a vis, "the count", caused an early shuffle. that would be an alteration of the randomness of the game, and therefore, illegal. that's a touchy area since i've been at tables where a 'stiff has casually scanned a layout of exposed cards and either ordered a shuffle, or told the dealer "one more round".