Patent Infringement Complaint: Example & Template
A modern post-Iqbal, post-TC Heartland walkthrough of what a patent infringement complaint must contain — jurisdiction, venue, direct and indirect infringement, willfulness, and damages.
What is patent infringement?
Under 35 USC § 271(a), whoever without authority makes, uses, offers to sell, sells, or imports a patented invention within the United States during the term of the patent infringes the patent. Infringement is strict liability — no intent is required for direct infringement. Indirect infringement (§ 271(b) inducement; § 271(c) contributory) and enhanced damages for willfulness require knowledge.
Key statutes & cases
- 35 USC § 271 — infringement liability.
- 35 USC § 281 — civil action.
- 35 USC § 284 — damages, enhanced damages.
- 35 USC § 285 — attorney's fees in exceptional cases.
- 28 USC § 1338(a) — federal subject-matter jurisdiction.
- 28 USC § 1400(b) — patent-specific venue.
- TC Heartland (2017) — venue limitation.
- Halo Electronics (2016) — willfulness standard.
- Octane Fitness (2014) — exceptional-case standard.
Elements of a direct infringement claim
- Plaintiff owns (or has exclusive rights under) a valid, enforceable patent — allege patent number, issue date, title.
- Defendant makes / uses / sells / offers to sell / imports an accused product or process in the United States.
- The accused product practices every limitation of at least one claim (literally or under the doctrine of equivalents).
- The accused activity occurred during the patent's term and without authorization.
What you need before drafting
- A copy of the patent (front-page bibliographic data + claims of interest).
- Assignment record confirming you are the patentee or exclusive licensee with standing.
- The accused product's identity — model number, URL, photographs, technical specifications.
- A preliminary element-by-element claim chart mapping at least one claim to the accused product.
- Evidence of defendant's pre-suit knowledge (for willfulness / indirect infringement).
- Defendant's state of incorporation and principal place of business (for venue).
- A damages theory — reasonable royalty, lost profits, or both.
Pleading venue correctly post-TC Heartland
For domestic corporations, venue is proper only (a) in the state of incorporation, or (b) where the defendant has committed acts of infringement and has a "regular and established place of business" (In re Cray, 871 F.3d 1355 (Fed. Cir. 2017)). You must plead facts — physical office address, local employees, or fixed business presence — not conclusory assertions.
Indirect infringement & willfulness
Plead inducement (§ 271(b)) with facts showing defendant knew of the patent and specifically intended to cause infringement — user manuals, marketing materials, or instructions that direct customers to use the accused product in the infringing way. Plead contributory infringement (§ 271(c)) when the accused component has no substantial non-infringing use. Plead willfulness with pre-suit notice facts: a cease-and-desist letter, marking, or a prior licensing discussion.
How CaseCraft helps
CaseCraft's patent capability should be packaged as attorney-only drafting support: claim-chart preparation, complaint structure, and source-linked factual review for patent counsel. It is not the first wedge because validation burden and risk are higher than employment drafting.
For now, CaseCraft should lead with employment workflows and reserve patent support for validated patent-attorney pilots.
FAQ
Where do I file a patent infringement case?+
Federal court — patent infringement is exclusively federal (28 USC § 1338). Venue is governed by 28 USC § 1400(b), as interpreted by TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. 258 (2017): the district where the defendant resides (state of incorporation for corporations) or where it has committed acts of infringement and has a regular and established place of business.
Do I still need to plead under Form 18?+
No. Form 18 was abrogated in December 2015. Patent complaints must now satisfy Twombly/Iqbal plausibility (Disc Disease Solutions v. VGH Solutions, 888 F.3d 1256 (Fed. Cir. 2018)). Identify the accused product, identify the asserted claims, and plausibly tie the accused product's features to at least one claim's elements.
How do I plead willfulness for enhanced damages?+
Under 35 USC § 284 and Halo Electronics v. Pulse Electronics, 579 U.S. 93 (2016), willfulness requires subjective knowledge of the patent and egregious conduct. Plead pre-suit notice — a cease-and-desist letter, a licensing discussion, or product-marking — and facts suggesting deliberate copying.
What damages are available?+
At minimum, a reasonable royalty (§ 284). Lost profits if you sell a competing product and can prove the Panduit factors. Up to 3x enhanced damages for willful infringement. Attorney's fees in 'exceptional cases' under § 285 (Octane Fitness v. ICON Health, 572 U.S. 545 (2014)).
Is the Patent Trial and Appeal Board (PTAB) involved?+
Not in infringement litigation directly. But defendants often file inter partes review (IPR) petitions to challenge the patent's validity while the district-court case proceeds. Plaintiffs should stress-test validity before filing.
Can CaseCraft support patent infringement drafting?+
Potentially, but only as an attorney-only second-phase workflow for patent attorneys or patent-litigation teams. Patent should not be the first commercial wedge.
See also: CaseCraft product lines