to resolution prior to the presentation
evidence, including testimony.
See generally TransonicSys., Inc.
Non-Invasive Med. Techs. Corp.,
143 Fed. Appx.
(Fed. Cir. July 25, 2005)(finding "expert testimony sufficient to raise a genuine issue
Standard Ins. Co.,
F.3d 1023, 1036 (9th Cir. 2003) (denying summary judgment becausedetermination
is correct in this battle
experts is not for [the Court] to decide");
Rockwell Int'l Corp.
147 F.3d 1358, 1364 (Fed. Cir. 1998) (affirming denial
summary judgment, given that "summary judgment papers [were] not sufficient to resolve thedifferences in expert opinion").
"The court shall grant summary judgment
the movant shows that there is no genuinedispute as to any material fact and the movant is entitled to judgment as a matter
56( a). The moving party bears the burden
demonstrating the absence
See Matsushita Elec. Indus. Co., Ltd.
Zenith Radio Corp.,
475 U.S. 574,586 n.lO (1986).
assertion that a fact cannot
genuinely disputedmust be supported either by citing to "particular parts
materials in the record, includingdepositions, documents, electronically stored information, affidavits or declarations, stipulations(including those made for the purposes
the motion only), admissions, interrogatory answers, orother materials," or by "showing that the materials cited do not establish the absence or presence
a genuine dispute, or that an adverse party cannot produce admissible evidence to support thefact." Fed. R. Civ. P. 56(c)(l)(A)
the moving party has carried its burden, thenonmovant must then "come forward with specific facts showing that there is a
475 U.S. at 587 (internal quotation marks omitted) (emphasis in original).2