Summary Determination Motion Under 35 U.S.C. § 112, ¶¶1 and 2 Denied

ALJ Charneski entered a summary determination order denying Spansion, Inc. and Spansion LLC's ("Spansion") motion of invalidity of U.S. Patent No. 5,740,065 under 35 U.S.C. § 112, ¶¶ 1 and 2 in Inv. No. 337-TA-685, In the Matter of Certain Flash Memory and Products Containing Same.  In denying Spansion's motion, the ALJ found that the Section 112 issues raised "cannot be resolved without the benefit of a hearing record, particularly expert testimony."  Thus, ALJ Charneski held that Spansion's motion was premature and denied the motion on that basis.