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COMPLAINT FOR PATENT INFRINGEMENT
SCHWABE, WILLIAMSON & WYATT, P.C.Attorneys at LawPacwest Center1211 SW 5th Ave., Suite 1900Portland, OR 97204Telephone 503.222.9981 Fax 503.796.2900
Information.” The ‘170 patent issued on November 6, 2007. A true and correct copy of the ‘170patent is attached hereto as Exhibit A.
COUNT I(INFRINGEMENT OF THE ‘170 PATENT)
Defendant has been and still is directly infringing at least claim 1of the ‘170patent, literally and under the doctrine of equivalents, by making, using, selling, offering to sell,or importing, without license or authority, software and systems that virtualize a user’s computersettings from a storage medium and through the user of an interceptor dynamic link library that isloaded as part of each process on the computer including, but not limited to, Defendant’smanufacture, use, sale, offer for sale or importation of Defendant’s User Virtualization Platform.Thus, by making, using, importing, offering for sale, and/or selling such software, Defendant hasinjured Tranxition and is thus liable to Tranxition for infringement of the ‘170 patent under 35U.S.C. § 271(a).10.
To the extent that facts learned in discovery show that Defendant’s infringementof the ‘170 patent is or has been willful, Tranxition reserves the right to request such a finding attime of trial.11.
To the extent necessary, Tranxition has marked its products pursuant to 35 U.S.C.§ 287(a).12.
As a result of Defendant’s infringement of the ‘170 patent, Tranxition hassuffered monetary damages in an amount adequate to compensate for Defendant’s infringement,but in no event less than a reasonable royalty for the use made of the invention by Defendant,together with interest and costs as fixed by the Court, and Tranxition will continue to sufferdamages in the future unless Defendant’s infringing activities are enjoined by this Court.13.
Unless a permanent injunction is issued enjoining Defendant and its agents,servants, employees, representatives, affiliates, and all others acting or in active concerttherewith from infringing the ‘170 patent, Tranxition will be greatly and irreparably harmed, sothat remedies available at law are inadequate to compensate for such harms.