559. Summary judgment and trial of preliminary issues.

Where a pure point of law is involved or the facts are not materially in dispute, a party is entitled to summary judgment on the claim or relevant issue1. However, it is generally difficult to identify and establish such clear cut issues in a patent action even though they might at first sight appear straightforward2. In particular, the construction of a claim3 requires the court to adopt the mantle of the skilled addressee which requires the aid of expert evidence4, and infringement often involves consideration of a purposive construction and whether any variant falls within the scope of the