By Eric Schweibenz
On April 20, 2012, ALJ Theodore R. Essex issued Order No. 18 denying Respondents Kingston Technology Company, Inc. and Imation Corp.’s (collectively, “Respondents”) motion for summary determination of invalidity of claims 1 and 10 of U.S. Patent No. 7,039,759 (the ‘759 patent) based on indefiniteness in Certain Universal Serial Bus (“USB”) Portable Storage Devices, Including USB Flash Drives and Components Thereof (337-TA-788).

By way of background, the investigation is based on a complaint filed by Trek 2000 International Ltd., Trek Technology (Singapore) Pte. Ltd., and S-Com System (S) Pte. Ltd. (collectively, “Trek”) alleging violation of Section 337 in the importation and sale of certain universal serial bus (“USB”) portable storage devices that infringe one or more U.S. Patents.  See our June 17, 2011 and July 15, 2011 posts for more details.

According to the Order, ALJ Essex determined that summary determination was inappropriate here since Trek opposed “every aspect of Respondents’ motion” and thus genuine issues of material facts remain.  Accordingly, ALJ Essex denied Respondents’ motion for summary determination.