Joint Appendix One

Case2:10-cv-07678-JFW-DTB Document 1 Filed 10/14/10 Page4of32 Page ID#:8
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15. Nanoptix caused and will continue to cause FutureLogic substantial
damage and irreparable injury by virtue of its continuing infringement of the '855
Patent. FutureLogic will suffer further damage and irreparable injury unless and
until Nanoptix is enjoined by this Court from continuing such infringement.
16. Nanoptix's infringement of the '855 Patent is exceptional and entitles
FutureLogic to attorney's fees and costs incurred in prosecuting this action under
35 U.S.C. §285.
PRAYER FOR RELIEF
WHEREFORE, FutureLogic prays for judgment and seeks relief against
Defendants as follows:
A. Declaring that Nanoptix infringed the '855 Patent as alleged herein;
B. Preliminarily and permanently enjoining and restraining Nanoptix, its
officers, directors, agents, servants, employees, licensees, successors, assigns, those
in active concert and participation with Nanoptix, and all persons acting on its
behalf or within its control from infringing, inducing others to infringe, or
contributing to any infringement of the '855 Patent from continued acts of
infringement pursuant to 35 U.S.C. § 283;
C. An order awarding FutureLogic all damages adequate to compensate it
for Nanoptix's patent infringement, such damages to be determined by a jury, and if
necessary to adequately compensate FutureLogic for the infringement, an
accounting;
D. Assessing pre-judgment and post-judgment interest against Nanoptix,
together with an award of such interest in accordance with 35 U.S.C. § 284;
E. Declaring that this is an exceptional case under 35 U.S.C. § 285 and
awarding FutureLogic its costs, expenses and attorneys' fees in this action; and
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-A0057-
COMPLAINT FOR PATENT
INFRINGEMENT
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