9. FoodFresh is the lawful assignee of the entire right, title and interest inand to U.S. Patent No. 7,270,238 and possesses all rights of recovery under the patentincluding the right to recover damages for past infringement.10. Upon information and belief, Jarden Corporation has been and is now making, using, selling, and offering for sale within the United States, or importing intothe United States, products under the name of Foodsaver Gamesaver Dam Liquid Block
Bags and Foodsaver Liquid Block Bags (“Liquid Block Bags”)
. Liquid Block Bags are vacuum sealable storage bags in various sizes that infringe directly and/or indirectly onone or more claims of U.S. Patent No. 7,270,238.11. Jarden Corporation
’s infringement has been willful, deliber
ate, and withknowledge of FoodFresh
under U.S. Patent No. 7,270,238.12. Jarden Corporation, by way of its infringing activity, has caused andcontinues to cause FoodFresh to suffer damages in an amount to be determined at trial.
PRAYER FOR RELIEF
Wherefore, FoodFresh prays for judgment against Jarden Corporation, grantingFoodFresh the following relief: A. That this Court adjudge and decree that U.S. Patent No. 7,270,238 is validand enforceable against Jarden Corporation and that Jarden Corporation has infringedand continues to infringe the patents;B. That this Court grant injunctions enjoining the aforesaid acts of infringement by Jarden Corporation, its officers, agents, servants, employees,subsidiaries and attorneys, and those acting in concert with it, including relatedindividuals and entities, customers, representatives, OEMs, dealers, and distributors;