What must the motion establish?
Rule 56(a) supplies the test. Rule 56(c) requires support from the record for factual assertions and provides ways to show a genuine dispute. In a patent case, identify the governing claim meaning and the evidence relevant to the particular infringement, invalidity, or damages issue.
What if necessary discovery is missing?
Rule 56(d) permits specified relief when the opposing party shows by affidavit or declaration why it cannot yet present facts essential to its opposition. Explain the needed facts and their relevance; a general statement that more discovery would be useful does not supply that explanation.
When should the motion be filed?
Read the scheduling order and local requirements. Rule 56(b) provides a default deadline unless a different time is set by local rule or court order. Coordinate the issue with claim construction and expert evidence rather than assuming a nationwide sequence or a required motion immediately after a Markman hearing.