Patent Litigation: Drafting the Complaint | Practical Law

Patent Litigation: Drafting the Complaint | Practical Law

A step-by-step guide to drafting a complaint by a patent owner in an action for patent infringement under the Patent Act and preparing other case initiating documents according to the Federal Rules of Civil Procedure (FRCP). Specifically, this Practice Note explains how to draft the caption, demand a jury trial, structure the body of the complaint, and comply with federal pleading standards (including pleading standards under the Supreme Court's Twombly and Iqbal decisions). This Note also explains how to prepare other case initiating documents, including a summons, Rule 7.1 disclosure statement, civil cover sheet, and notice to the US Patent and Trademark Office of the filing of the action, which may be required by local rule.

Patent Litigation: Drafting the Complaint

Practical Law Practice Note 2-545-1345 (Approx. 25 pages)

Patent Litigation: Drafting the Complaint

by Practical Law Intellectual Property & Technology
MaintainedUSA (National/Federal)
A step-by-step guide to drafting a complaint by a patent owner in an action for patent infringement under the Patent Act and preparing other case initiating documents according to the Federal Rules of Civil Procedure (FRCP). Specifically, this Practice Note explains how to draft the caption, demand a jury trial, structure the body of the complaint, and comply with federal pleading standards (including pleading standards under the Supreme Court's Twombly and Iqbal decisions). This Note also explains how to prepare other case initiating documents, including a summons, Rule 7.1 disclosure statement, civil cover sheet, and notice to the US Patent and Trademark Office of the filing of the action, which may be required by local rule.