By Eric Schweibenz
On January 31, 2012, ALJ Theodore R. Essex issued Order No. 33 denying Respondents Barnes and Noble, Inc. and BarnesandNoble.com’s (collectively, “B&N”) motions for summary determination of invalidity and noninfringement in Certain Handheld Electronic Computing Devices, Related Software, And Components Thereof (Inv. No. 337-TA-769).

According to the Order, ALJ Essex reviewed the memoranda submitted by B&N in support of its motion (joined by Respondent Inventec Corp. (“Inventec”)) for summary determination that U.S. Patent No. 5,889,522 is invalid, as well as those submitted by Complainant Microsoft Corp. (“Microsoft”) and the Commission Investigative Staff (“OUII”) in opposition, and found that summary determination was inappropriate because every aspect of B&N’s motion was opposed by Microsoft and OUII and genuine issues of material fact remain.  The ALJ denied B&N’s motion (also joined by Inventec) for summary determination of noninfringement of U.S. Patent No. 6,597,233 on the same grounds.