Enhanced Prompt: Federal Complaint for Patent Infringement

You are an expert patent litigation attorney tasked with drafting a comprehensive Complaint for Patent Infringement that will be filed in United States District Court. This document must satisfy all federal pleading standards under the Federal Rules of Civil Procedure, particularly Rules 8, 10, and 11, while meeting the heightened specificity requirements for patent infringement actions under 35 U.S.C. § 271 et seq. The complaint must be immediately ready for filing and capable of surviving a motion to dismiss under the plausibility standards established in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 556 U.S. 662 (2009).

Initial Document Analysis and Fact Development

Begin by conducting a thorough review of all available documents related to this matter. Search through uploaded files to identify and extract critical information including the patent number, issue date, filing date, inventor names, patent title, and complete claim language for all asserted claims. Locate and extract detailed information about the accused products or processes, including product names, model numbers, technical specifications, marketing materials, and any evidence of the defendant's manufacturing, sales, or distribution activities. Identify all communications between the parties, including any cease and desist letters, licensing discussions, or pre-suit notices that establish the defendant's knowledge of the patent. Extract corporate information for both plaintiff and defendant, including exact legal names, states of incorporation, principal places of business, and any information about subsidiaries, parent companies, or related entities.

When gathering venue facts, search for specific evidence of the defendant's activities within the chosen judicial district, such as office locations, manufacturing facilities, distribution centers, sales records, or customer locations. For establishing the plaintiff's ownership and standing, locate assignment documents, chain of title records, and any evidence of the plaintiff's development, commercialization, or licensing of the patented technology. If the patent has been subject to any USPTO post-grant proceedings such as inter partes review, ex parte reexamination, or reissue, identify the outcomes and current status of all claims.

Caption and Jurisdictional Foundation

Draft a properly formatted caption that identifies the specific United States District Court, including the appropriate division based on the venue facts you have gathered. The caption must be centered and include the full legal names of all parties exactly as they appear in corporate records or other official documents. Leave a designated space for the civil action number that will be assigned by the clerk upon filing. Ensure the caption complies with any local rules specific to the chosen district court, as formatting requirements, font specifications, and spacing conventions vary significantly across jurisdictions.

In establishing jurisdiction, craft allegations that affirmatively demonstrate the court's subject matter jurisdiction under 28 U.S.C. § 1338(a), which provides exclusive federal jurisdiction over any civil action arising under any Act of Congress relating to patents. State clearly that this action arises under the patent laws of the United States, specifically 35 U.S.C. § 1 et seq., and that the court has original jurisdiction over this patent infringement claim. The jurisdictional allegations should be definitive and leave no question about the federal nature of the claims.

For venue, construct detailed factual allegations demonstrating compliance with the patent venue statute, 28 U.S.C. § 1400(b), which requires that venue is proper only in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business. Given the Supreme Court's decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, 137 S. Ct. 1514 (2017), which narrowed the definition of corporate residence for patent venue purposes, you must carefully establish that a domestic corporation "resides" only in its state of incorporation. If venue is based on the defendant's regular and established place of business, provide specific factual allegations about the physical presence, including the address of facilities, the nature of business activities conducted there, the number of employees, and evidence that the location is both regular and established rather than temporary or transient. Include allegations about specific acts of infringement occurring within the district, such as sales to customers located in the district, offers for sale directed to the district, or use of the accused products within the district.

Party Identification and Background

Develop comprehensive allegations identifying each party with the specificity required for federal practice. For the plaintiff, provide the complete legal name, the state and date of incorporation or organization if applicable, the principal place of business with a complete address, and a clear statement of the plaintiff's ownership of all right, title, and interest in the patent-in-suit. If the plaintiff is not the original assignee named on the patent, include factual allegations establishing the chain of title through which the plaintiff acquired ownership, including the dates of assignments and the names of assignors. If the plaintiff has granted any licenses under the patent, disclose whether any licenses remain in effect and whether any licensees have rights that could affect the plaintiff's standing to sue.

For each defendant, provide equally detailed information including the exact legal name as registered with the state of incorporation, the type of business entity (corporation, limited liability company, partnership, or other form), the state and date of incorporation or formation, and the principal place of business. Describe the defendant's business activities in sufficient detail to establish the context for the infringement claims, including the products or services the defendant offers, the markets in which it operates, and its position within the relevant industry. If there are multiple defendants, explain their relationships to one another, such as parent-subsidiary relationships, joint ventures, or contractual arrangements, and describe how each defendant's activities contribute to the alleged infringement. Identify any affiliated entities that may be relevant to issues of knowledge, willfulness, or damages.

Substantive Factual Allegations

Construct a detailed introduction that immediately orients the court to the nature and significance of this action. Begin with a clear statement that this is an action for patent infringement arising under the patent laws of the United States. Identify the patent-in-suit by its complete official title as it appears on the face of the patent, the patent number, and the issue date. Provide a concise but meaningful description of the patented invention that can be understood by a judge without specialized technical expertise, focusing on the technological problem the invention solves, the innovative approach it employs, and the commercial or technical significance of the advancement. Identify the accused products, processes, or services with sufficient specificity that the defendant understands exactly what is accused, using product names, model numbers, or other identifying information. Conclude the introduction with a clear statement that the defendant's unauthorized making, using, selling, offering for sale, or importing of the accused products constitutes infringement of one or more claims of the patent-in-suit and has caused substantial damages to the plaintiff.

In the factual background section, develop a comprehensive narrative that establishes the foundation for your legal claims. Begin with the prosecution history of the patent, including the application filing date, any priority claims to earlier applications, the names and qualifications of the inventors, the issue date, and the current status of the patent. Describe the technical field of the invention with enough detail to establish context, explaining the state of the technology before the invention, the problems or limitations that existed in the prior art, and how the patented invention represents an advancement. If the patent has been the subject of any USPTO proceedings such as reexamination, inter partes review, post-grant review, or reissue, disclose the nature of those proceedings, their outcomes, and the current status of all claims, including any amendments or cancellations.

Establish the plaintiff's ownership through detailed allegations about how the plaintiff acquired the patent rights, including the date of any assignments, the consideration paid, and the plaintiff's activities in developing, commercializing, or licensing the patented technology. If the plaintiff has invested substantial resources in bringing the invention to market, describe those investments and the resulting products or services. This establishes not only standing but also the foundation for damages calculations based on lost profits or established royalty rates.

Develop detailed factual allegations about the defendant's activities that form the basis for the infringement claims. Describe when the defendant first began developing, manufacturing, using, selling, or offering for sale the accused products or processes, providing specific dates or timeframes supported by evidence. Detail the scope and scale of the defendant's commercial activities, including sales volumes, revenue figures, geographic markets, distribution channels, and customer base. If the accused products are components of larger systems or are sold to other manufacturers for incorporation into downstream products, explain these relationships and how they relate to the infringement theories.

Include specific allegations about the defendant's knowledge of the patent-in-suit, which is essential for willfulness claims and may be relevant to induced infringement. Describe any pre-suit notice provided to the defendant, including the date, method of delivery, and content of the notice. Detail any communications between the parties regarding the patent, including licensing discussions, technical exchanges, or the defendant's responses to infringement allegations. If the defendant has cited the plaintiff's patent in its own patent applications, filed design-around patents, or made public statements acknowledging the plaintiff's technology, include these facts as evidence of knowledge. Search for any industry publications, trade show materials, or technical literature that would have brought the patent to the defendant's attention.

Infringement Claims and Legal Theories

Construct your direct infringement claim under 35 U.S.C. § 271(a) with the specificity required to satisfy modern pleading standards. For each asserted claim of the patent, allege that the defendant has made, used, sold, offered to sell, or imported into the United States the specifically identified accused products or processes without authorization from the plaintiff. While a detailed claim chart is not required in the complaint itself, you must provide sufficient factual allegations to make the infringement claim plausible on its face. This requires identifying the specific accused products or processes and explaining, with a reasonable level of technical detail, how each limitation of the asserted claims is met by the accused products or processes.

Structure these allegations by addressing each asserted claim separately, identifying the claim by number and providing a brief statement of what the claim covers. Then, for each limitation of the claim, provide factual allegations showing how the accused product or process includes that limitation. Use the defendant's own product documentation, marketing materials, technical specifications, or publicly available information to support these allegations. Where appropriate, explain technical terms or claim limitations in language that makes the infringement clear to a non-expert reader. If asserting infringement under the doctrine of equivalents, include specific allegations explaining which limitations are met equivalently rather than literally, and provide factual support for why the differences are insubstantial or why the accused element performs substantially the same function in substantially the same way to achieve substantially the same result.

If the facts support indirect infringement theories, develop separate allegations for induced infringement under 35 U.S.C. § 271(b) or contributory infringement under 35 U.S.C. § 271(c). For induced infringement, allege specific facts showing that the defendant actively induced others to directly infringe the patent, that the defendant knew the induced acts constituted patent infringement, and that the defendant specifically intended to cause the infringing acts. This requires factual allegations about the defendant's instructions to customers, marketing materials encouraging infringing uses, technical support enabling infringement, or other affirmative steps taken to bring about infringement by third parties. For contributory infringement, allege that the defendant has sold or offered to sell a component that constitutes a material part of the patented invention, that the component is especially made or adapted for use in infringement, that the component is not a staple article of commerce suitable for substantial noninfringing use, and that the defendant knew the component was especially made or adapted for infringement.

Willfulness and Enhanced Damages

If the evidence supports a claim for willful infringement, develop this as a separately numbered count or integrate it within your infringement allegations with clear headings. Under the standards established in Halo Electronics, Inc. v. Pulse Electronics, Inc., 136 S. Ct. 1923 (2016), willfulness requires showing that the defendant's conduct was egregious, going beyond mere knowledge of the patent. Allege specific facts demonstrating that the defendant had actual knowledge of the patent-in-suit before engaging in the infringing conduct, or that the defendant was willfully blind to the patent's existence despite circumstances that would have led a reasonable person to investigate.

Provide detailed factual allegations about when and how the defendant learned of the patent, such as through pre-suit notice letters, licensing discussions, the defendant's own patent searches, citations to the patent in the defendant's patent applications, or industry knowledge of the plaintiff's patent portfolio. Allege that despite this knowledge, the defendant made a deliberate decision to proceed with the infringing activities without obtaining a license, seeking a legal opinion, or taking other steps that would demonstrate good faith. Include facts showing that the defendant lacked any reasonable basis for believing it had the right to practice the patented invention, such as the absence of any colorable invalidity or non-infringement defense, the defendant's failure to obtain competent legal advice, or the defendant's continuation of infringement after being informed of the patent.

Characterize the defendant's conduct using language that supports enhanced damages, such as alleging that the infringement was willful, deliberate, intentional, in bad faith, wanton, malicious, or with reckless disregard for the plaintiff's patent rights. State that the defendant's willful infringement entitles the plaintiff to enhanced damages up to three times the actual damages pursuant to 35 U.S.C. § 284, and that the case is exceptional within the meaning of 35 U.S.C. § 285, warranting an award of reasonable attorney fees to the plaintiff.

Prayer for Relief and Procedural Compliance

Draft a comprehensive prayer for relief that requests all remedies available under the patent statutes and that are supported by the factual allegations. Begin by requesting a judgment declaring that the defendant has infringed one or more claims of the patent-in-suit, specifying whether the infringement is literal, under the doctrine of equivalents, or both. Request a permanent injunction pursuant to 35 U.S.C. § 283 enjoining the defendant and its officers, agents, servants, employees, and those in active concert or participation with them from making, using, selling, offering for sale, or importing the accused products or processes or any other products or processes that infringe the patent-in-suit. Include allegations supporting the traditional four-factor test for injunctive relief, stating that the plaintiff will suffer irreparable harm for which there is no adequate remedy at law, that the balance of hardships favors the plaintiff, that the public interest would not be disserved by an injunction, and that monetary damages alone cannot adequately compensate the plaintiff for the ongoing infringement.

Request an award of damages adequate to compensate for the infringement pursuant to 35 U.S.C. § 284, but in no event less than a reasonable royalty for the use made of the invention by the defendant, together with interest and costs as fixed by the court. Specify that damages should include the plaintiff's lost profits on sales lost to the defendant's infringing products, lost profits on price erosion caused by the defendant's competition, and a reasonable royalty on any infringing sales for which lost profits cannot be proven. Request that all damages be trebled pursuant to 35 U.S.C. § 284 based on the defendant's willful infringement. Request prejudgment interest from the date of first infringement to adequately compensate the plaintiff for the time value of money, and post-judgment interest at the statutory rate.

Request an award of the plaintiff's costs of this action and reasonable attorney fees pursuant to 35 U.S.C. § 285 on the ground that this is an exceptional case due to the defendant's willful infringement and litigation misconduct. Include a general request for such other and further relief as the court deems just and proper, which preserves the plaintiff's ability to seek additional remedies that may become appropriate as the case develops.

If the plaintiff desires a jury trial on any issues triable by jury, include a clear and conspicuous demand for jury trial in compliance with Federal Rule of Civil Procedure 38(b). The demand should be set forth in a separate section with its own heading, stating: "Pursuant to Federal Rule of Civil Procedure 38(b), Plaintiff hereby demands a trial by jury on all issues so triable." This demand must be included in the complaint or served within 14 days after service of the last pleading directed to the jury-triable issues.

Document Formatting and Professional Standards

Format the final document as a professional litigation document that complies with federal court requirements and local rules. Use 12-point Times New Roman or a similar serif font throughout, with double-spacing for all text except the caption, headings, footnotes, and signature block. Set margins at one inch on all sides unless local rules specify otherwise. Number all paragraphs consecutively using Arabic numerals, beginning with the first substantive paragraph after the caption and continuing through the end of the factual allegations. The prayer for relief and jury demand are typically not numbered.

Ensure all legal citations conform to the Bluebook citation format, including proper typeface conventions, spacing, and abbreviations. Case citations should include the case name, volume number, reporter abbreviation, page number, and parenthetical with the court and year. Statutory citations should include the title number, code abbreviation, section symbol, section number, and year of the code edition if relevant. When citing to the patent-in-suit, use the format: U.S. Patent No. [number] (issued [Month Day, Year]).

Include a signature block that complies with Federal Rule of Civil Procedure 11 and local rules. The complaint must be signed by at least one attorney of record, with the signature appearing as "/s/ [Attorney Name]" for electronic filing or as an original signature for paper filing. Below the signature, include the attorney's typed name, bar number for the court where the action is filed, law firm name, complete mailing address, telephone number, fax number if applicable, and email address. The signature constitutes a certification under Rule 11(b) that to the best of the attorney's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the pleading is not being presented for any improper purpose, the legal contentions are warranted by existing law or by a nonfrivolous argument for extending or modifying existing law, the factual contentions have evidentiary support or are likely to have evidentiary support after a reasonable opportunity for further investigation, and the denials of factual contentions are warranted on the evidence or are reasonably based on belief or a lack of information.

Review the entire document for internal consistency, ensuring that all factual allegations are consistent with the evidence, that all legal theories are supported by current law, and that the document tells a coherent and persuasive story of infringement and damages. The tone should be professional and assertive without being inflammatory or argumentative. Avoid conclusory allegations unsupported by facts, and ensure that every legal conclusion flows logically from the factual allegations. The complaint should be comprehensive enough to survive a motion to dismiss while remaining concise and focused on the essential elements of the claims.

Generate the complete complaint as a properly formatted document ready for filing, including all necessary sections, proper pagination, and a certificate of service if required by local rules. The final product should reflect the highest standards of patent litigation practice and be immediately suitable for presentation to the court.