3on February 21, 2013, which gave Redbox notice of U.S. Publication Nos. 2013-0029691(issued as the ‘504 Patent) and 2013-0040663 (issued as U.S. Patent No. 8,451,114), andmade Redbox a license offer again on the ‘395 and ‘766 Patents.
COUNT I – ‘395 PATENT
7. Cascades hereby incorporates paragraphs 1-6 above by reference.8. Redbox has infringed at least claims 1, 3, 4, 7, 10, 17, 19, 23, 24, 27, 31,and 32 of the ‘395 Patent through, among other activities, making, using (for example bytesting), offering to sell, and/or selling the Redbox application. Its infringement mayinclude additional products, services and technologies (to be determined in discovery)marketed or used by Redbox. Redbox has also knowingly and intentionally activelyaided, abetted and induced others to infringe (such as its customers, users, applicationdownloaders and/or business partners in this judicial district and throughout the UnitedStates). Redbox has also knowingly contributed to customer infringement, within themeaning of 35 U.S.C. § 271(c), by among other things providing the Redbox application,which is not a staple article of commerce capable of substantial noninfringing use.9. As a direct and proximate consequence of the infringement, Cascades has been, is being and, unless such acts and practices are enjoined by the Court, will continueto be injured in its business and property rights, and has suffered, is suffering, and willcontinue to suffer injury and damages for which it is entitled to relief under 35 U.S.C. §284 adequate to compensate for such infringement, but in no event less than a reasonableroyalty.
COUNT II – ‘766 PATENT
10. Cascades hereby incorporates paragraphs 1- 9 above by reference.
Case: 1:13-cv-05396 Document #: 1 Filed: 07/29/13 Page 3 of 6 PageID #:3