trading doctor: I would say the denial is not unexpected. A summary determination requires a finding that there are no disputes of material facts requiring a hearing to resolve. When you are talking about validity, there are so many defenses that can be raised claiming invalidity, that it would be hard to say that there are no facts in dispute that would require a hearing to resolve.
From the ITC rules regarding summary determinations:
(e) Order establishing facts. If on motion under this section a summary determination is not rendered upon the whole case or for all the relief asked and a hearing is necessary, the administrative law judge, by examining the pleadings and the evidence and by interrogating counsel if necessary, shall if practicable ascertain what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. The administrative law judge shall thereupon make an order specifying the facts that appear without substantial controversy and directing such further proceedings in the investigation as are warranted. The facts so specified shall be deemed established.
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