Below are sample federal complaints for patent infringement cases divided by issue. The complaint examples are publicly filed in the respective lawsuits. The complaints were all filed in 2010 or later. This post says nothing of the merits, truthfulness or falsity of the alleged claims. The post simply provides examples of filed patent infringement complaints.
Pleading Standard:
“A motion to dismiss should be granted if a complaint does not contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. To meet the plausibility standard, a plaintiff must plead factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. Merely pleading facts that are consistent with liability or stating legal conclusions is not sufficient.” Airtrip v. Ball.
Direct Infringement:
“To prove infringement, a patentee must supply sufficient evidence to prove that the accused product or process contains, either literally or under the doctrine of equivalents, every limitation of the properly construed claim.” Eli Lilly & Co. v. Hospira. Courts “apply a two-step analysis to determine whether accused devices literally infringe a patent’s claims. First, the claims are construed to determine their scope. Second, the claims must be compared to the accused device. Literal infringement exists when every limitation recited in the claim is found in the accused device.” EMED Techs. v. Repro-Med. “A party asserting infringement under the doctrine of equivalents may prove its case by showing, on an element-by-element basis, that the accused product performs substantially the same function in substantially the same way with substantially the same result as each claim limitation of the patented product.” Verinata Health v. Ariosa Diagnostic.
| Personal Genomics Taiwan, Inc. v. Pacific Biosciences of California, Inc. | D. Del. 2019 | COMPLAINT FOR PATENT INFRINGEMENT |
| Fundamental Innovation Systems International LLC v. Samsung Electronics Co., Ltd. et al | E.D. Tex. 2017 | COMPLAINT FOR PATENT INFRINGEMENT |
| Intertrust Technologies Corporation v. Regal Entertainment Group | E.D. Tex. 2019 | COMPLAINT FOR PATENT INFRINGEMENT |
| Gamevice, Inc. v. Nintendo Co., Ltd. et al | C.D. Cal. 2017 | COMPLAINT FOR PATENT INFRINGEMENT |
| Allstate Insurance Company v. CSI Holdings I LLC et al | D. Del. 2018 | COMPLAINT FOR PATENT INFRINGEMENT |
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Joint Infringement:
“While a typical claim of direct infringement requires proof that a defendant performs each step of the claimed method, joint infringement requires more. To prove joint infringement, where multiple actors are involved in practicing the claim steps, the patent owner must show that the acts of one party are attributable to the other such that a single entity is responsible for the infringement. This court has held that an entity will be responsible for others’ performance of method steps in two circumstances: (1) where that entity directs or controls others’ performance, and (2) where the actors form a joint enterprise.” Lyda v. CBS Corp.
| The California Institute of Technology v. Broadcom Limited et al | C.D. Cal. 2016 | COMPLAINT FOR PATENT INFRINGEMENT |
| Philips North America LLC v. Fitbit, Inc. | D. Mass. 2019 | COMPLAINT FOR PATENT INFRINGEMENT |
| Bio-Rad Laboratories, Inc. et al v. 10X Genomics, Inc. | N.D. Cal. 2017 | COMPLAINT PATENT INFRINGEMENT |
Induced Infringement:
“In order to succeed on a claim of inducement, the patentee must show, first that there has been direct infringement, and second that the alleged infringer knowingly induced infringement and possessed specific intent to encourage another’s infringement. Mere knowledge of infringement is insufficient. Liability for inducement can only attach if the defendant knew of the patent and knew as well that the induced acts constitute patent infringement…. Unlike direct infringement under 35 U.S.C. § 271(a), which must occur in the United States, liability for induced infringement under § 271(b) can be imposed based on extraterritorial acts, provided that the patentee proves the defendant possessed the requisite knowledge and specific intent to induce direct infringement in the United States.” Enplas Display Device v. Seoul Semiconductor.
| Duke University et al v. Sandoz Inc. | E.D. Tex. 2018 | COMPLAINT FOR PATENT INFRINGEMENT. |
| Fortinet, Inc. v. Sophos, Inc. et al | N.D. Cal. 2013 | COMPLAINT FOR PATENT INFRINGEMENT, BREACH OF CONTRACT, AND INTENTIONAL INTERFERENCE WITH CONTRACT |
| Carl Zeiss AG et al v. Nikon Corporation et al | C.D. Cal. 2017 | COMPLAINT FOR PATENT INFRINGEMENT |
| MOSKOWITZ FAMILY LLC v. GLOBUS MEDICAL, INC. | W.D. Tex. 2019 | COMPLAINT FOR PATENT INFRINGEMENT |
Contributory Infringement:
Contributory infringement occurs if a party sells, or offers to sell, “a component of a patented machine, manufacture, combination or composition, or a material or apparatus for use in practicing a patented process, constituting a material part of the invention, knowing the same to be especially made or especially adapted for use in an infringement of such patent, and not a staple article or commodity of commerce suitable for substantial noninfringing use.” 35 U.S.C. § 271(c). “Contributory infringement requires knowledge of the patent in suit and knowledge of patent infringement. Contributory infringement requires only proof of a defendant’s knowledge , not intent , that his activity causes infringement.” Nalco v. Chem-Mod.
| Virtek Vision International ULC v. Assembly Guidance Systems, Inc. | D. Mass. 2020 | COMPLAINT FOR PATENT INFRINGEMENT |
| ENDO PHARMACEUTICALS INC. v. LUPIN ATLANTIS HOLDINGS SA | D.N.J. 2018 | COMPLAINT FOR PATENT INFRINGEMENT |
| Rigel Pharmaceuticals, Inc. v. Novartis Pharmaceuticals Corporation | N.D. Cal. 2015 | COMPLAINT FOR PATENT INFRINGEMENT |
| Massachusetts Institute of Technology v. Vizio Inc. | D. Mass. 2012 | COMPLAINT FOR PATENT INFRINGEMENT |
Willful Infringement:
“[S]ubjective willfulness alone—i.e., proof that the defendant acted despite a risk of infringement that was either known or so obvious that it should have been known to the accused infringer—can support an award of enhanced damages. The subjective willfulness of a patent infringer, intentional or knowing, may warrant enhanced damages, without regard to whether his infringement was objectively reckless.” WesternGeco v. ION
| RapidDeploy, Inc. v. RapidSOS, Inc. | D. Del. 2019 | COMPLAINT FOR PATENT INFRINGEMENT |
| Ellenby Technologies, Inc. v. FireKing Security Group et al | N.D. Ill. 2020 | COMPLAINT FOR PATENT INFRINGEMENT |
| Personalized Media Communications, LLC v. Netflix, Inc. | S.D.N.Y. 2019 | COMPLAINT FOR PATENT INFRINGEMENT |
| Ravgen, Inc. v. Natera, Inc. et al | W.D. Tex. 2020 | COMPLAINT FOR PATENT INFRINGEMENT |
| FGF Brands, Inc. v. TWI Foods Inc. | N.D. Ill. 2017 | COMPLAINT FOR PATENT INFRINGEMENT |
| TransData, Inc. v. CenterPoint Energy Houston Electric, LLC | E.D. Tex. 2016 | ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT |
Design Patents:
“A design patent is infringed if, in the eye of an ordinary observer, giving such attention as a purchaser usually gives, two designs are substantially the same, if the resemblance is such as to deceive such an observer, inducing him to purchase one supposing it to be the other. As with utility patents, the patentee must prove infringement of a design patent by a preponderance of the evidence. Where the claimed and accused designs are sufficiently distinct and plainly dissimilar, the patentee fails to meet its burden of proving infringement as a matter of law. If the claimed and accused designs are not plainly dissimilar, the inquiry may benefit from comparing the claimed and accused designs with prior art to identify differences that are not noticeable in the abstract but would be significant to the hypothetical ordinary observer familiar with the prior art.” Ethicon Endo-Surgery v. Covidien.
| Depuy Synthes Products, Inc. et al v. Veterinary Orthopedic Implants, Inc. | M.D. Fla. 2019 | COMPLAINT FOR DESIGN PATENT INFRINGEMENT |
| BlackBerry Limited v. Typo Products LLC | N.D. Cal. 2014 | COMPLAINT FOR PATENT INFRINGEMENT, TRADE DRESS INFRINGEMENT, DILUTION, UNFAIR BUSINESS PRACTICES, AND UNJUST ENRICHMENT |
| Cambria Company LLC v. Wilsonart LLC et al | D. Minn. 2016 | COMPLAINT FOR PATENT INFRINGEMENT |
| Hangzhou Chic Intelligent Technology Co., Ltd. v. Swagway, LLC | N.D. Cal. 2016 | COMPLAINT FOR PATENT INFRINGEMENT |
| Gavrieli Brands LLC v. Soto Massini (USA) Corp. et al | D. Del. 2018 | VERIFIED COMPLAINT FOR PATENT INFRINGEMENT, TRADE DRESS INFRINGEMENT, AND UNFAIR COMPETITION |
Below are sample federal complaints for patent infringement cases divided by district court. The complaint examples are publicly filed in the respective lawsuits. The complaints were all filed in 2010 or later. This post says nothing of the merits, truthfulness or falsity of the alleged claims. The post simply provides examples of filed patent infringement complaints.
| Fundamental Innovation Systems International LLC v. Samsung Electronics Co., Ltd. et al | E.D. Tex. 2017 | COMPLAINT FOR PATENT INFRINGEMENT |
| Intertrust Technologies Corporation v. Regal Entertainment Group | E.D. Tex. 2019 | COMPLAINT FOR PATENT INFRINGEMENT |
| TransData, Inc. v. CenterPoint Energy Houston Electric, LLC | E.D. Tex. 2016 | ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT |
| Duke University et al v. Sandoz Inc. | E.D. Tex. 2018 | COMPLAINT FOR PATENT INFRINGEMENT. |
| Personal Genomics Taiwan, Inc. v. Pacific Biosciences of California, Inc. | D. Del. 2019 | COMPLAINT FOR PATENT INFRINGEMENT |
| Gavrieli Brands LLC v. Soto Massini (USA) Corp. et al | D. Del. 2018 | VERIFIED COMPLAINT FOR PATENT INFRINGEMENT, TRADE DRESS INFRINGEMENT, AND UNFAIR COMPETITION |
| Allstate Insurance Company v. CSI Holdings I LLC et al | D. Del. 2018 | COMPLAINT FOR PATENT INFRINGEMENT |
| RapidDeploy, Inc. v. RapidSOS, Inc. | D. Del. 2019 | COMPLAINT FOR PATENT INFRINGEMENT |
Northern District of California
| Fortinet, Inc. v. Sophos, Inc. et al | N.D. Cal. 2013 | COMPLAINT FOR PATENT INFRINGEMENT, BREACH OF CONTRACT, AND INTENTIONAL INTERFERENCE WITH CONTRACT |
| Rigel Pharmaceuticals, Inc. v. Novartis Pharmaceuticals Corporation | N.D. Cal. 2015 | COMPLAINT FOR PATENT INFRINGEMENT |
| BlackBerry Limited v. Typo Products LLC | N.D. Cal. 2014 | COMPLAINT FOR PATENT INFRINGEMENT, TRADE DRESS INFRINGEMENT, DILUTION, UNFAIR BUSINESS PRACTICES, AND UNJUST ENRICHMENT |
| Hangzhou Chic Intelligent Technology Co., Ltd. v. Swagway, LLC | N.D. Cal. 2016 | COMPLAINT FOR PATENT INFRINGEMENT |
Central District of California
| Sound View Innovations, LLC v. Facebook, Inc. | C.D. Cal. 2017 | COMPLAINT FOR PATENT INFRINGEMENT |
| Carl Zeiss AG et al v. Nikon Corporation et al | C.D. Cal. 2017 | COMPLAINT FOR PATENT INFRINGEMENT |
| Seoul Semiconductor Co., Ltd. et al v. K-Mart Corporation | C.D. Cal. 2016 | COMPLAINT FOR PATENT INFRINGEMENT |
| Diamond Coating Technologies, LLC v. Hyundai Motor America et al | C.D. Cal. 2015 | COMPLAINT FOR PATENT INFRINGEMENT |
| Ellenby Technologies, Inc. v. FireKing Security Group et al | N.D. Ill. 2020 | COMPLAINT FOR PATENT INFRINGEMENT |
| FGF Brands, Inc. v. TWI Foods Inc. | N.D. Ill. 2017 | COMPLAINT FOR PATENT INFRINGEMENT |
| National Steel Car Limited v. FreightCar America, Inc. | N.D. Ill. 2015 | COMPLAINT FOR PATENT INFRINGEMENT |
| Seiko Epson Corporation et al v. CIS Systems, Inc. et al | N.D. Ill. 2018 | COMPLAINT FOR PATENT INFRINGEMENT |
| ENDO PHARMACEUTICALS INC. v. LUPIN ATLANTIS HOLDINGS SA | D.N.J. 2018 | COMPLAINT FOR PATENT INFRINGEMENT |
| CUBIST PHARMACEUTICALS LLC v. MYLAN PHARMACEUTICALS INC. et al | D.N.J. 2020 | COMPLAINT FOR PATENT INFRINGEMENT |
| SHIONOGI & CO., LTD. et al v. APOTEX CORP. et al | D.N.J. 2015 | COMPLAINT FOR PATENT INFRINGEMENT |
| BRAINTREE LABORATORIES, INC. v. PADDOCK LABORATORIES, INC. | D.N.J. 2011 | COMPLAINT FOR PATENT INFRINGEMENT |
| Massachusetts Institute of Technology v. Vizio Inc. | D. Mass. 2012 | COMPLAINT FOR PATENT INFRINGEMENT |
| Virtek Vision International ULC v. Assembly Guidance Systems, Inc. | D. Mass. 2020 | COMPLAINT FOR PATENT INFRINGEMENT |
| Crane Security Technologies, Inc. et al v. Rolling Optics AB | D. Mass. 2014 | COMPLAINT FOR PATENT INFRINGEMENT |
| Worlds, Inc. v. Activision Blizzard, Inc. et al | D. Mass. 2012 | COMPLAINT FOR PATENT INFRINGEMENT |
Southern District of New York
| Ajinomoto Co., Inc. et al v. CJ Cheiljedang Corp. et al | S.D.N.Y. 2016 | COMPLAINT FOR PATENT INFRINGEMENT |
| Personalized Media Communications, LLC v. Netflix, Inc. | S.D.N.Y. 2019 | COMPLAINT FOR PATENT INFRINGEMENT |
| Bounce Exchange, Inc. V. Spoutable, LLC et al. | S.D.N.Y. 2015 | COMPLAINT FOR PATENT INFRINGEMENT |
| Conair Corporation v. Jarden Corporation et al | S.D.N.Y. 2013 | COMPLAINT FOR PATENT INFRINGEMENT |
Western District of Texas
| Ravgen, Inc. v. Natera, Inc. et al | W.D. Tex. 2020 | COMPLAINT FOR PATENT INFRINGEMENT |
| MOSKOWITZ FAMILY LLC v. GLOBUS MEDICAL, INC. | W.D. Tex. 2019 | COMPLAINT FOR PATENT INFRINGEMENT |
| Monarch Networking Solutions LLC v. Cisco Systems, Inc. et al | W.D. Tex. 2020 | COMPLAINT FOR PATENT INFRINGEMENT |
| STC.UNM v. Taiwan Semiconductor Manufacturing Company Limited et al | W.D. Tex. 2019 | ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT |