| name | patent-infringement-complaint |
| title | Patent Infringement Complaint |
| description | Drafts a federal patent infringement complaint for U.S. District Court satisfying FRCP Rules 8, 10, 11 and Twombly/Iqbal plausibility. Covers direct (§ 271(a)), induced (§ 271(b)), and contributory (§ 271(c)) infringement with TC Heartland venue analysis and Halo willfulness. Use when initiating patent infringement litigation, drafting an IP complaint, or preparing a pleading to survive a Rule 12(b)(6) motion. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/patent-infringement-complaint |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | ip |
| language | en |
Patent Infringement Complaint
Drafts a litigation-ready complaint for patent infringement in U.S. District Court, structured to survive a 12(b)(6) motion and preserve all damages and equitable remedies under 35 U.S.C. §§ 283–285.
Prerequisites
Gather before drafting:
- Patent documents — patent number, issue/filing dates, inventors, asserted claim language, prosecution history, any IPR/PGR/reexam outcomes
- Accused product evidence — product names, model numbers, specs, marketing materials, sales/distribution data
- Ownership chain — assignment records, USPTO recording confirmation, any licenses affecting standing
- Venue facts — defendant's state of incorporation, registered agent, physical facilities in district, in-district sales
- Pre-suit notice — C&D letters, licensing negotiations, defendant's citations to plaintiff's patent
- Party records — exact legal names, entity types, states of incorporation, principal places of business
Complaint Structure
1. Caption
Court name/division per venue facts, exact party names, civil action number placeholder.
2. Jurisdiction and Venue
| Allegation | Basis | Key Facts |
|---|
| Subject matter | 28 U.S.C. § 1338(a) | Arises under 35 U.S.C. § 1 et seq. |
| Venue — incorporation | § 1400(b); TC Heartland, 137 S. Ct. 1514 (2017) | Domestic corp resides only in state of incorporation |
| Venue — place of business | § 1400(b) | Physical address, permanency, infringing acts in district |
| Personal jurisdiction | Forum contacts | Sales, employees, offices, registered agent in district |
TC Heartland: For domestic defendants, venue requires (a) state of incorporation, or (b) acts of infringement AND a regular and established place of business in the district. Plead specific physical locations with addresses. Do not rely on general personal jurisdiction for venue.
3. Parties
Plaintiff: Legal name, incorporation, principal place of business, ownership of patent-in-suit, chain of title if not original assignee.
Each Defendant: Legal name, entity type, incorporation, principal place of business, relevant business activities, co-defendant relationships.
4. Patent and Factual Background
