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Patent Litigation Summary Judgment Toolkit
Practical Law Toolkit 0-578-7645 (Approx. 10 pages)
Patent Litigation Summary Judgment Toolkit
by Practical Law Intellectual Property & Technology
| Maintained • USA (National/Federal) |
Resources to help counsel evaluate, draft, and file summary judgment motions in patent infringement litigation, including sample summary judgment motions and declarations concerning infringement, validity, subject matter eligibility under 35 U.S.C. § 101, willfulness, and intervening rights.
Summary judgment commonly occurs in patent infringement litigation. This Toolkit provides continuously maintained resources to help counsel prepare for, evaluate, draft, and file summary judgment motions in federal patent cases, including sample summary judgment motions and declarations concerning infringement, non-infringement, invalidity, no invalidity, subject matter eligibility under 35 U.S.C. § 101, no willful infringement, and intervening rights.
This Toolkit does not address summary determination in patent infringement litigation at the US International Trade Commission (ITC) under Section 337 of the Tariff Act (19 U.S.C. § 1337) and 19 C.F.R. § 210.18. For more information, see ITC Section 337 Investigations Toolkit.