This template may be used to prepare an expert declaration supporting a motion for summary judgment of patent invalidity based on obviousness. Adapt this template to the obviousness issues and facts in your case. This template contains practical guidance and drafting notes. For expert testimony considerations, see Experts in Patent Litigation: Use of Experts During Litigation and Expert Discovery. For more on obviousness, see Obviousness in Patent Litigation. For an in-depth obviousness discussion, see Chisum on Patents, Chapter 5. This template includes statements of fundamental obviousness principles with case citations. For additional statements of law on obviousness, see Obviousness Statements of Law. Also, see Patent Statements of Law, Chapter 10. Obviousness is a question of law based on the following underlying factual determinations: • The scope and content of the prior art • The differences between the claimed invention and the prior art • The level of ordinary skill in the ...