Complaint for Patent Infringement
(Design Patent)


Summary

This template is for a design patent infringement complaint alleging direct infringement of a single design patent by a single defendant. This template includes practical guidance and drafting notes. Like other federal court complaints, a design patent infringement complaint must comply with the notice pleading standards established by the Supreme Court in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 556 U.S. 662 (2009). District courts applying the Iqbal-Twombly pleading standard may differ significantly on the level of detail that they require for patent infringement complaints. Therefore, be sure to research the district court case law on this issue. Also, conduct an adequate factual investigation and legal analysis before filing a complaint. The test for patent infringement is whether an ordinary observer familiar with the prior art would be deceived into thinking that the accused design is the same as the patented design. See Egyptian Goddess, Inc. v....