This template may be used to prepare a brief in support of a motion for summary judgment on the ground of patent invalidity, specifically obviousness, under 35 U.S.C. ยง 103. The template includes practical guidance and drafting notes. Adapt this template to the obviousness issues and facts in your case and to any required format for briefs under local rules or local patent rules. In a summary judgment motion on obviousness, the movant must comply with Fed. R. Civ. P. 56 and show that there is no genuine issue of material fact that would preclude summary judgment that the claims at issue are invalid for obviousness. For a discussion of summary judgment motion procedure, see Summary Judgment: Making the Motion (Federal). The arguments in the brief should be supported by an accompanying expert declaration. The expert declaration should explain the technology at issue, the patent and its prosecution history, and the teachings of the prior art. The expert declaration should analyze ...