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Case 1:99-mc-09999 Document 92

Filed 03/02/10 Page 14 of 16

92.

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

‘354 Patent is enjoined by this Court.

93.

Defendants’ infringement of the ‘354 Patent is exceptional and entitles Apple to

attorneys’ fees and costs incurred in prosecuting this action under 35 U.S.C. § 285.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff Apple prays for the following judgment and relief against

Defendants:

  • (A)

    That Defendants have infringed each and every one of the Asserted Patents;

  • (B)

    That Defendants, their officers, agents, employees, and those persons in active

concert or participation with any of them, and their successors and assigns, be permanently

enjoined from infringement, inducement of infringement, and contributory infringement of each

and every one of the Asserted Patents, including but not limited to an injunction against making,

using, selling, and/or offering for sale within the United States, and/or importing into the United

States, any products and/or services that infringe the Asserted Patents;

(C)

That Apple be awarded all damages adequate to compensate it for Defendants’

infringement of the Asserted Patents, such damages to be determined by a jury, and if necessary

to adequately compensate Apple for the infringement, an accounting;

(D)

That Apple be awarded treble damages and pre-judgment and post-judgment

interest at the maximum rate allowed by law;

(E)

That this case be declared an exceptional case within the meaning of 35 U.S.C. §

285 and that Apple be awarded attorneys fees, costs, and expenses incurred in connection with

this action;

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