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Case 1:99-mc-09999 Document 92

Filed 03/02/10 Page 9 of 16

United States, with the direct infringement being accomplished by end users of at least the

Accused Products.

51.

Apple has been and continues to be damaged by Defendants’ infringement of the

‘726 Patent, in an amount to be determined at trial.

52.

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

‘726 Patent is enjoined by this Court.

53.

Defendants’ infringement of the ‘726 Patent is exceptional and entitles Apple to

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

COUNT VI - INFRINGEMENT OF U.S. PATENT NO. 7,633,076

  • 54.

    Paragraphs 1 through 53 are incorporated by reference as if fully stated herein.

  • 55.

    The ‘076 Patent, entitled “Automated Response To And Sensing Of User Activity

In Portable Devices,” was duly and legally issued on December 15, 2009 by the United States

Patent and Trademark Office. A copy of the ‘076 Patent is attached hereto as Exhibit F.

56.

Apple is the exclusive and current owner of all rights, title, and interest in the

‘076 Patent, including the right to bring this suit for injunctive relief and damages.

57.

Defendants have infringed and are infringing the ‘076 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 ‘076 Patent, including but not limited to the Accused

Products.

58.

Defendants have contributed to and/or induced and will continue to contribute to

and/or induce the infringement of the ‘076 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

Accused Products.

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