# Draft Complaint Patent Infringement > Patent infringement complaint and accompanying strategic cover memorandum for a federal patent dispute in a specified district, addressing standing, venue, willfulness, and related relief. - Skill: `finchipaiorg/draft-complaint-patent-infringement` (Agent Skill) - Install (CLI): `npx skillmds@latest add finchipaiorg/draft-complaint-patent-infringement` - Raw SKILL.md: https://api.skillmd.com/api/skills/finchipaiorg/draft-complaint-patent-infringement/raw - Safety review: pending - Works with: Claude Code, Claude.ai, OpenAI Codex - Category: Coding & Dev Tools - Author: FinchipAIOrg (https://skillmd.com/u/finchipaiorg) - Updated: 2026-09-22 - Page: https://skillmd.com/skills/finchipaiorg/draft-complaint-patent-infringement --- # Skill: Draft Federal Patent Infringement Complaint ## 1. Subject-matter triage - Determine the asserted patents, accused products, target forum, filing posture, and whether the source set supports a complaint alone or a complaint plus memo. - If multiple patents, accused products, inventors, assignees, or notice events are in play, enumerate them first and map each to the relevant claim, product, and factual predicate before drafting. - If the matter is intended for a specific district, conform the complaint to that district’s local patent practice and any filing-side prerequisites reflected in the source documents. - Treat the complaint as the primary deliverable and the cover memorandum as secondary; the complaint must be drafted first and must stand on its own. ## 2. Failure modes the skill is correcting - Pleading venue under the patent venue statute without facts showing either incorporation-based venue or acts of infringement plus a regular and established place of business in the district. - Treating general commercial presence, registration, or remote sales as enough for venue without the physical-place allegations the statute requires. - Failing to trace ownership or exclusive rights through the full chain of title, including intermediate assignments or predecessor entities, so standing is vulnerable at filing. - Omitting claim-by-claim and product-by-product linkage, leaving the pleading too generic to support the asserted infringement theory. - Neglecting willfulness allegations where the source documents show pre-suit notice and post-notice continuation of accused conduct. - Drafting only the complaint and omitting the cover memorandum that explains strategic choices, venue posture, chain-of-title posture, and expected defenses. ## 3. Legal frameworks / domain conventions that apply - Subject-matter jurisdiction: 28 U.S.C. § 1338(a) for patent claims. - Venue: 28 U.S.C. § 1400(b); venue lies where the defendant resides or where it has committed acts of infringement and has a regular and established place of business. - Standing and ownership: the plaintiff must own the asserted patent or hold enforceable exclusionary rights at filing; trace title through each assignment or transfer reflected in the source set. - Patent infringement pleading: identify the asserted patent numbers, the accused products or methods, the infringing acts, and the claims implicated. - Willfulness and enhanced damages: pre-suit knowledge plus continued infringement supports a willfulness theory; reference the governing patent damages framework, including 35 U.S.C. § 284 and the prevailing pleading practice. - Injunctive and other relief: plead requested remedies consistent with patent-law remedies and the factual record. - Local patent rules and docketing conventions: where applicable, align the complaint and any memo with the forum’s expected patent filing format and any disclosure or certification practice. - If the source documents include parallel-forum or coordination facts, preserve them in the memo only if they bear on filing strategy, risk, or sequencing. ## 4. Analytical scaffolds - Caption and parties: identify the court, parties, entity type, state of incorporation, and principal place of business where supported. - Jurisdiction and venue: plead 28 U.S.C. §§ 1338(a) and 1400(b) with facts tied to the target district, not boilerplate alone. - Patent ownership: build a clean title narrative from inventor or predecessor through each transfer to the plaintiff; if a link is unclear, flag it in the memo and avoid overstatement in the complaint. - Infringement theory: pair each asserted claim set with each accused product or method and allege direct infringement with enough specificity to anchor later claim-chart work. - Knowledge and willfulness: use the notice timeline in the source documents to allege awareness, continued activity, and the basis for enhanced-damages and case-management requests. - Relief: include damages, reasonable royalty or other patent damages theories supported by the record, costs, fees where appropriate, and injunctive relief if facts support irreparable harm and inadequacy of legal remedies. - Memo function: explain why the pleaded venue theory is sustainable, what standing issues were checked, what factual gaps remain, and what defenses are likely to be raised. ## 5. Vertical / structural / temporal relationships - Align every accused product to the asserted patent claims and to the relevant infringement time period; do not merge distinct products or distinct notice events into one undifferentiated allegation. - Track the chronology from patent issuance and ownership transfer through pre-suit notice and post-notice conduct, because timing often controls standing, willfulness, and damages posture. - Distinguish forum facts that support filing in the chosen district from facts that merely show nationwide sales or corporate presence elsewhere. - Where the source set contains multiple potential plaintiffs, assignees, or related entities, verify who is the proper plaintiff at filing and who, if anyone, should be described only as a predecessor or transferor. - Where multiple forms of relief are requested, separate the factual basis for damages from the factual basis for injunction and fees. ## 6. Output structure conventions - Complaint: use a court-standard federal complaint format with caption, introduction, jurisdiction, venue, parties, factual allegations, asserted patent sections, infringement counts, willfulness allegations if supported, and prayer for relief. - Complaint drafting should be substantive, not merely explanatory; it must contain operative allegations rather than references to analysis to come. - Cover memorandum: concise strategic memo that explains venue support, title review, infringement theory, willfulness basis, anticipated defenses, and any filing or coordination considerations. - If any material factual gap remains, identify it in the memo and explain the litigation risk it creates; do not over-plead unsupported certainty in the complaint. - Before finalizing, confirm that the complaint file is the primary completed deliverable and that the memorandum follows only after it, with both files non-empty and containing operative content.