Basics of Summary Judgment Motions

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• Summary judgment is a motion brought by the moving party to seek a ruling that there is no triable issue of material fact in dispute and therefore, no need for a trial.

• Obtaining summary judgment is difficult, as it is based on admissible evidence viewed in the light most favorable to the non-moving party.

• A moving party may bring either a full or partial summary judgment motion, and offensive motions bear the much heavier burden of showing that they must prove each claim as a matter of law.

• Summary judgment motion places a burden on lawyers, clients, and courts, and demand for one begins with breaking down the elements of the complaint and conducting an analysis of each claim.

• The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

• If a party fails to properly support or address a fact, the court may consider the fact undisputed, grant summary judgment, or issue any other appropriate order.

About the Author
Mr. Douglas has been the lead attorney in several patent infringement litigation cases (defendant and plaintiff). Mr. Douglas also maintains a patent prosecution practice.
Basics of Summary Judgment Motions

• Summary judgment is a motion brought by the moving party to seek a ruling that there is no triable issue of material fact in dispute and therefore, no need for a trial.

• Obtaining summary judgment is difficult, as it is based on admissible evidence viewed in the light most favorable to the non-moving party.

• A moving party may bring either a full or partial summary judgment motion, and offensive motions bear the much heavier burden of showing that they must prove each claim as a matter of law.

• Summary judgment motion places a burden on lawyers, clients, and courts, and demand for one begins with breaking down the elements of the complaint and conducting an analysis of each claim.

• The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

• If a party fails to properly support or address a fact, the court may consider the fact undisputed, grant summary judgment, or issue any other appropriate order.

About the Author
Mr. Douglas has been the lead attorney in several patent infringement litigation cases (defendant and plaintiff). Mr. Douglas also maintains a patent prosecution practice.
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