Fill and Sign the Revised 7819 Page 1 of 3 United States District Form

- 1 - IN THE UNITED STATES DISTRICT COURTFOR THE _____________________________ _____________________________ ____________________VS.____________________ VERIFIED COMPLAINT __________ ("__________"), herewith brings this civil action and states the following claims for relief: SUMMARY OF CLAIMS This is a civil action for infringement of United States Patent ______ in which damages and injunctive and other equitable relief are sought. PARTIES 1. _____________ is a _______________ corporation with its principal place of business located in __________, ____________.2. __________ is an adult resident citizen of the State of ____________. His last known address was _______________, _______________, ______________. JURISDICTION 3. The instant claims are predicated on infringement of a patent issued by the United States Patent Office. Accordingly, this Court has subject matter jurisdiction of the instant civil action pursuant to 28 U.S.C. § 1338. FACTS 4.(Insert Facts) COUNT I Patent Infringement: Injunctive Relief5. Pursuant to 35 U.S.C. § 283, ___________, upon the facts set forth in this Complaint, is entitled to injunctive relieve prohibiting ___________ from further infringement - 2 - of the Patent and enjoining any operation of the infringing device or any manufacture or sale or assignment of any other device which infringes the Patent. 6. There is a substantial likelihood that ____________ will prevail upon the merits in the final adjudication of this civil action.7. Infringement of the Patent results in irreparable injury to ___________ for which there is no adequate remedy at law. Congress, in recognition of this fact, has enacted 35 U.S.C. § 283, expressly authorizing injunctive relief against patent infringement in order to preserve the federally mandated monopoly created by federal law for the benefit of the patent holder.8. The hardship upon __________which will ensue from not enjoining further infringement of the Patent is ___________9. The issuance of the injunction will not disserve the public interest. To the contrary, granting the injunctive relief sought will serve the express national policy of protecting federally created patent rights.10. For these reasons, ____________ seeks a temporary restraining order, a preliminary injunction, and a permanent injunction. COUNT II Patent Infringement: Damages 11. The conduct of _________ as alleged herein constitutes patent infringement entitling _______ to damages and all other remedies at law or in equity pursuant to 35 U.S.C. § 281.12. Pursuant to 35 U.S.C. § 284, __________ is entitled to an accounting by ______of all revenues received through the commercial operation of the Infringing Machine, to the imposition of a constructed trust for the benefit of ________upon all such funds in the custody or control of _______, and to such other damages to which _______may be determined to be entitled. COUNT III Patent Infringement: Enhanced Damages and Attorney's Fees 13. ________'s infringement as alleged herein is willful and in bad faith. Accordingly, ___________is entitled to recover enhanced damages and attorney's fees in addition to its actual damages. Relief Requested WHEREFORE, ______________ respectfully requests the following relief: - 3 - A. Upon Count I, issuance of a Temporary Restraining Order and preliminary and permanent injunctions prohibiting _________ from operating, assigning, alienating or selling the Infringing Machine and prohibiting all future infringement of the Patent by ___________;B. Upon Count II, a judgment of damages against ___________ for infringement of the Patent;C Upon Count III, enhanced damages and attorney's fees; andD. All such other relief of whatever nature as may be just and equitable and/or required or permitted by law.This the ______ day of _________, 20___. Respectfully submitted,_______________________________ VERIFICATIONSTATE OF _______________COUNTY OF _____________ Personally appeared before the undersigned attesting officer authorized by law to administer oaths, __________, who, having been first duly sworn, deposes and says that he is President of __________, that he has authority to verify this Complaint on behalf of the Plaintiff; and that he has read the foregoing Verified Complaint and that its factual averments are true and correct to the best of his knowledge and belief. This the _____ day of _________, 20_____.