Expert Declaration Supporting Motion: Summary Judgment of Non-Infringement Re:Patents

This legal template is designed to support a motion for summary judgment of non-infringement concerning patents under USA law. It consists of an expert declaration, which provides a detailed account and analysis of the relevant technical aspects and legal principles involved in a patent infringement case. The expert, who possesses extensive knowledge and expertise in the field related to the patents in question, will present arguments and evidence supporting the claim that the defendant did not infringe upon the plaintiff's patent rights.

The expert declaration template could cover various aspects, including but not limited to:

1. Technical Analysis: The expert will thoroughly examine the specifications, claims, and drawings of the plaintiff's patent(s) in question, along with the allegedly infringing technologies or products. They will compare and contrast the features, functionalities, and key elements to demonstrate how the defendant's product or process does not meet the requirements of patent infringement.

2. Prior Art Analysis: The expert will research and analyze prior patents, publications, and other relevant public disclosures to identify existing technologies or inventions that predate the plaintiff's patent. By establishing the existence of prior art, the expert aims to demonstrate that the patent claims lack novelty or inventiveness, thereby weakening the plaintiff's infringement claim.

3. Claim Construction: The expert will interpret and analyze the language, scope, and limitations of the patent claims. This analysis will help establish that the defendant's technology or product does not fall within the protected scope specified by the patent claims, further supporting the argument of non-infringement.

4. Expert Opinions: The expert will present their professional opinion based on their technical expertise and knowledge of the specific industry or technology involved in the case. Their opinion may be focused on aspects such as claim construction, prior art analysis, or the lack of substantial similarity between the plaintiff's patented invention and the defendant's product or process.

By utilizing this expert declaration template, attorneys representing defendants in patent infringement cases can present a compelling argument for summary judgment of non-infringement. The expert's comprehensive analysis, opinions, and expertise will provide valuable support to the defendant's legal team, strengthening their case and increasing the chances of a favorable outcome in court.