What happens next? I do not know, but I will be here to find out.
************
Case 1:09-cv-07686-LMM Document 16 Filed 10/28/2009 Page 16 of 19
PRAYER FOR RELIEF
WHEREFORE, GreenShift prays for judgment as follows:
A. An Order and Judgment dismissing Westfalia’s and Ace’s First Amended Complaint with prejudice;
B. An Order declaring that each and every claim of the ‘858 patent is valid and enforceable;
C. An Order declaring that Westfalia and Ace have infringed, induced others to infringe, and/or committed acts of contributing to the infringement of the ‘858 patent;
D. Preliminarily and permanently enjoining Westfalia and Ace, their officers, directors, employees, agents, and all persons in active concert with them from infringing, inducing others to infringe, and/or committing acts of contributing to the infringement of the ‘858 patent;
E. Awarding GreenShift an amount that adequately compensates it for the infringement, but in no event less than a reasonable royalty, together with treble damages, court costs, pre-judgment interest, post judgment interest and attorneys’ fees under 35 U.S.C. §§ 284 and 285;
F. An Order declaring that this is an exceptional case under 35 U.S.C. § 285; and
G. For such other and further relief as the Court deems just and proper.
*************
Here is the entire filing:
http://docs.google.com/fileview?id=0B_ch8gAs4lCcMTI3NDlkMjgtYmQzNy00ZmY2LTkzMmQtZGMxNzU4ODA1MzA4&hl=en
************
So What is the 'The Trouble With Tribbles'??? Wrong episode - its treble. The SkunK thinks treble damages are common things to ask for and expect if your patent infringement case is valid.
SkunK
************
Case 1:09-cv-07686-LMM Document 16 Filed 10/28/2009 Page 16 of 19
PRAYER FOR RELIEF
WHEREFORE, GreenShift prays for judgment as follows:
A. An Order and Judgment dismissing Westfalia’s and Ace’s First Amended Complaint with prejudice;
B. An Order declaring that each and every claim of the ‘858 patent is valid and enforceable;
C. An Order declaring that Westfalia and Ace have infringed, induced others to infringe, and/or committed acts of contributing to the infringement of the ‘858 patent;
D. Preliminarily and permanently enjoining Westfalia and Ace, their officers, directors, employees, agents, and all persons in active concert with them from infringing, inducing others to infringe, and/or committing acts of contributing to the infringement of the ‘858 patent;
E. Awarding GreenShift an amount that adequately compensates it for the infringement, but in no event less than a reasonable royalty, together with treble damages, court costs, pre-judgment interest, post judgment interest and attorneys’ fees under 35 U.S.C. §§ 284 and 285;
F. An Order declaring that this is an exceptional case under 35 U.S.C. § 285; and
G. For such other and further relief as the Court deems just and proper.
*************
Here is the entire filing:
http://docs.google.com/fileview?id=0B_ch8gAs4lCcMTI3NDlkMjgtYmQzNy00ZmY2LTkzMmQtZGMxNzU4ODA1MzA4&hl=en
************
So What is the 'The Trouble With Tribbles'??? Wrong episode - its treble. The SkunK thinks treble damages are common things to ask for and expect if your patent infringement case is valid. This from Wikipedia: "The ability to award treble damages is a typical feature in legislation that recognizes the potentially willful nature of the prohibited acts. For example, such damages may be awarded by a court in the United States for willful violation of the antitrust laws, for willful patent infringement, for trademark counterfeiting, and under the RICO statute. The idea behind the creation of such damages, also called exemplary damages, is that they will encourage citizens to sue for violations that are harmful to society in general."
SkunK
Posts
No comments:
Post a Comment