StrikeForce deserves triple damages....
$SFOR PRAYER FOR RELIEF /DUO SECURITY
WHEREFORE, Plaintiff, StrikeForce, respectfully requests this Court to:
A. Enter judgment for Plaintiff StrikeForce that the ’698 Patent was duly and legally issued, is valid, enforceable, and has been infringed, directly and/or indirectly, by Defendant Duo Security;
B. Enter judgment for Plaintiff StrikeForce that Defendant Duo Security has willfully infringed, and is willfully infringing, claims 53 and/or 54 of the ’698 Patent;
C. Order Defendant Duo Security to account in written form for and to pay to Plaintiff StrikeForce actual damages to compensate Plaintiff StrikeForce for Defendant Duo Security’s infringement of the ’698 Patent through and including the date of entry of the judgment on the jury’s verdict, including but not limited to, damages for lost profits and in no event less than a reasonable royalty, together with interest and costs under 35 U.S.C. § 284;
D. Award Plaintiff StrikeForce treble damages due to Defendant Duo Security’s deliberate, willful, and knowing conduct;
E. Issue a preliminary injunction restraining Defendant Duo Security, its directors,officers, agents, employees, successors, subsidiaries, assigns, affiliates and all persons acting in privity or in concert or participation with any of them from the continued infringement, direct or contributory, or active inducement of infringement by others, of the ’698 Patent;
F. Issue a permanent injunction restraining Defendant Duo Security, its directors, officers, agents, employees, successors, subsidiaries, assigns, affiliates and all persons acting in privity or in concert or participation with any of them from the continued infringement, direct or contributory, or active inducement of infringement by others, of the ’698 Patent;
G. Direct Defendant Duo Security to file with this Court, and to serve on Plaintiff StrikeForce, a written report under oath setting forth in detail the manner and form in which it has complied with the injunction; Case 2:16-cv-03571-JMV-MF Document 1 Filed 06/20/16 Page 11 of 14 PageID: 11 12
H. In lieu of a permanent injunction, order Defendant Duo Security to pay to Plaintiff StrikeForce monetary damages that will be suffered as a result of Defendant Duo Security’s continuing post-verdict infringement of the ’698 Patent by requiring Defendant Duo Security to take a compulsory license at a reasonable royalty rate to be determined by the Court on all products that it makes, uses, offers for sale, sells, imports, distributes, markets, or advertises that infringe the ’698 Patent until the expiration of the ’698 Patent, which royalty payments shall commence three months after entry of the judgment and shall be made quarterly thereafter, and shall be accompanied by an accounting of the sales of infringing products by the Defendant Duo Security;
I. Order such other measures in the form of audit rights, interest on late payments, and appropriate security to protect Plaintiff StrikeForce’s rights;
J. Order Defendant Duo Security to pay Plaintiff StrikeForce its costs, expenses, and fees, including reasonable attorneys’ fees pursuant to 35 U.S.C. § 285, and pre-judgment and post-judgment interest at the maximum rate allowed by law; and
K. Grant Plaintiff StrikeForce such other and further relief as the Court may deem just and proper
$SFOR PRAYER FOR RELIEF /DUO SECURITY
WHEREFORE, Plaintiff, StrikeForce, respectfully requests this Court to:
A. Enter judgment for Plaintiff StrikeForce that the ’698 Patent was duly and legally issued, is valid, enforceable, and has been infringed, directly and/or indirectly, by Defendant Duo Security;
B. Enter judgment for Plaintiff StrikeForce that Defendant Duo Security has willfully infringed, and is willfully infringing, claims 53 and/or 54 of the ’698 Patent;
C. Order Defendant Duo Security to account in written form for and to pay to Plaintiff StrikeForce actual damages to compensate Plaintiff StrikeForce for Defendant Duo Security’s infringement of the ’698 Patent through and including the date of entry of the judgment on the jury’s verdict, including but not limited to, damages for lost profits and in no event less than a reasonable royalty, together with interest and costs under 35 U.S.C. § 284;
D. Award Plaintiff StrikeForce treble damages due to Defendant Duo Security’s deliberate, willful, and knowing conduct;
E. Issue a preliminary injunction restraining Defendant Duo Security, its directors,officers, agents, employees, successors, subsidiaries, assigns, affiliates and all persons acting in privity or in concert or participation with any of them from the continued infringement, direct or contributory, or active inducement of infringement by others, of the ’698 Patent;
F. Issue a permanent injunction restraining Defendant Duo Security, its directors, officers, agents, employees, successors, subsidiaries, assigns, affiliates and all persons acting in privity or in concert or participation with any of them from the continued infringement, direct or contributory, or active inducement of infringement by others, of the ’698 Patent;
G. Direct Defendant Duo Security to file with this Court, and to serve on Plaintiff StrikeForce, a written report under oath setting forth in detail the manner and form in which it has complied with the injunction; Case 2:16-cv-03571-JMV-MF Document 1 Filed 06/20/16 Page 11 of 14 PageID: 11 12
H. In lieu of a permanent injunction, order Defendant Duo Security to pay to Plaintiff StrikeForce monetary damages that will be suffered as a result of Defendant Duo Security’s continuing post-verdict infringement of the ’698 Patent by requiring Defendant Duo Security to take a compulsory license at a reasonable royalty rate to be determined by the Court on all products that it makes, uses, offers for sale, sells, imports, distributes, markets, or advertises that infringe the ’698 Patent until the expiration of the ’698 Patent, which royalty payments shall commence three months after entry of the judgment and shall be made quarterly thereafter, and shall be accompanied by an accounting of the sales of infringing products by the Defendant Duo Security;
I. Order such other measures in the form of audit rights, interest on late payments, and appropriate security to protect Plaintiff StrikeForce’s rights;
J. Order Defendant Duo Security to pay Plaintiff StrikeForce its costs, expenses, and fees, including reasonable attorneys’ fees pursuant to 35 U.S.C. § 285, and pre-judgment and post-judgment interest at the maximum rate allowed by law; and
K. Grant Plaintiff StrikeForce such other and further relief as the Court may deem just and proper
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