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Effectively Using Partial Summary Judgment Motions in Patent Cases

By Ted M. Sichelman

While not fully disposing of a case, partial summary judgment motions ' even when denied ' may effectively limit the scope of issues for trial. Knowing how the contours of the applicable federal rule, namely, Federal Rule of Civil Procedure 56, apply in the patent arena can be especially advantageous in complex patent matters involving multiple legal and factual issues. There are two particularly worthwhile topics for patent cases: first, the extent to which the courts differ over what is appropriate for decision upon a motion for partial summary judgment; and second, the requirements for “establishing” facts for the purposes of trial, even when a partial summary judgment motion is denied.

The Scope of Partial Summary Judgment in Patent Actions

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