Complaint for Patent Infringement
(Indirect Infringement)

Summary

This template is a Complaint for Patent Infringement for indirect acts of contributory infringement under 35 U.S.C. § 271(c) and inducement of infringement under 35 U.S.C. § 271 (b). These documents typically have to be served with a complaint: summons, civil cover sheet, and corporate disclosure statement. An ADR compliance or notification certificate and notice of related cases also may be required. This template includes practical guidance and drafting notes. If you wish to include a claim of direct patent infringement, see Complaint for Patent Infringement (Direct Infringement). Check the court's local rules and local patent rules for special requirements and see generally TWG Practice Guide: Fed. Civ. Proc. Before Trial § 17-XVI. A complaint for patent infringement, like other federal court complaints, 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). You should conduct an adequate factual investigation and legal analysis before filing a complaint. For the types of inquiries that you should make, see Pre-litigation Opinion on Patent Infringement and Validity. For a quick reference on the factors and rules that you should take into account when preparing a complaint for patent infringement, see Patent Infringement Complaint (Direct and Indirect Infringement) Checklist. For a general discussion of how to draft a complaint in federal court, see Commencing a Lawsuit: Drafting and Filing the Complaint (Federal). For additional resources related to patent enforcement, see Patent Enforcement Resource Kit.