Case 1:99-mc-09999 Document 92
Filed 03/02/10 Page 13 of 16
Apple has suffered irreparable injury for which there is no adequate remedy at
law and will continue to suffer such irreparable injury unless Defendants’ infringement of the
‘599 Patent is enjoined by this Court.
Defendants’ infringement of the ‘599 Patent is exceptional and entitles Apple to
attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.
COUNT X - INFRINGEMENT OF U.S. PATENT NO. 6,424,354
Paragraphs 1 through 85 are incorporated by reference as if fully stated herein.
The ‘354 Patent, entitled “Object-Oriented Event Notification System With
Listener Registration Of Both Interests And Methods,” was duly and legally issued on July 23,
2002 by the United States Patent and Trademark Office. A copy of the ‘354 Patent is attached
hereto as Exhibit J.
Apple is the exclusive and current owner of all rights, title, and interest in the
‘354 Patent, including the right to bring this suit for injunctive relief and damages.
Defendants have infringed and are infringing the ‘354 Patent by making, using,
selling, offering for sale, and/or importing, without authority, products and services that are
covered by one or more claims of the ‘354 Patent, including but not limited the Accused
Defendants have contributed to and/or induced and will continue to contribute to
and/or induce the infringement of the ‘354 Patent by others in this District and elsewhere in the
United States, with the direct infringement being accomplished by end users of at least the
Apple has been and continues to be damaged by Defendants’ infringement of the
‘354 Patent, in an amount to be determined at trial.