WHEREFORE, Plaintiff requests that the Court enter judgment in its favor and against Defendant as follows:
A. Judgment be entered that Defendant has infringed the claim of the '077 Patent directly, either literally or under the doctrine of equivalents, and/or indirectly;
B. Judgment be entered that Defendant has infringed the claim of the '668 Patent directly, either literally or under the doctrine of equivalents, and/or indirectly;
C. Judgment be entered that Defendant has infringed Beats' Trade Dress pursuant to 15 U.S.C. § 1125, and in violation of California common law, and has committed acts of unfair competition in violation of 15 U.S.C. § 1125 and California common law;
D. Judgment be entered permanently enjoining Defendant and each of its officers, members, employees, owners, manages, agents, attorneys, successors, servants, subsidiaries related entities, licensees, and assigns, and all persons acting in concert with any of the foregoing, from:
i. Any further acts of infringement or inducement of infringement of the '077 Patent or the '668 Patent;
ii. selling, offering for sale, holding for sale, importing, advertising, or promoting any merchandise, goods, or services using trade dress that infringes Beats' Trade Dress or any trade dress confusingly similar thereto; or
iii. doing any other act or thing that is likely to induce the belief that the Defendant's goods or services are in some way connected with Beats' goods or their respective businesses;
E. Judgment be entered that this case is an exceptional case under 35 U.S.C. § 284;
F. Defendant be held liable and ordered to account for and pay to Beats:
i. damages adequate to compensate Beats for Defendant's infringement of the Beats patents in an amount no less than a reasonable royalty pursuant to 35 U.S.C. § 284;
ii. Defendant's respective total profits pursuant to 35 U.S.C. § 289;
iii. treble damages pursuant to 35 U.S.C. § 284 based on Defendant's willful infringement of the Beats Patents, and pursuant to 15 U.S.C. § 1117(a) based on Defendant's willful infringement of Beats' Trade Dress;
iv. all gains, benefits, and advantages derived from the Defendant's wrongful use, misappropriation, and infringement of Beats' Trade Dress;
v. all losses and damages, including lost profits and costs for corrective advertising, suffered by Beats as a result of the Defendant's wrongful use and infringement of Beats' Trade Dress, including prejudgment interest and costs pursuant to 15 U.S.C. § 1117;
vi. Beats' reasonable attorneys' fees under 35 U.S.C. § 285 and 15 U.S.C. § 1117(a); and
vii. Beats' pre-judgment and post-judgment interest and costs pursuant to 35 U.S.C. § 284 and 15 U.S.C. § 1117(a);
G. Requiring Defendant to deliver to Beats for destruction all Infringing Headphones and any other products or other articles in its possession or control bearing Beats' Trade Dress, or any reproduction, counterfeit, copy or colorable imitation thereof, and all plates, molds, matrices, screens or other means of making the same; and, that the Defendant be required to recall all Infringing Headphones and any other products bearing Beats' Trade Dress from its customers and refund any monies paid for such products to its customers;
H. Requiring Defendant to deliver to Beats for destruction any and all stationery, circulars, catalogs, charts, brochures, advertising, labels, packages, signs, and all other material in its possession or under its control which depict the Infringing Headphones or any other infringing trade dress or any trade dress confusingly similar thereto;
I. Declaring that Defendant's actions complained of above constitute a violation of the California Unfair Practices Act, Cal. Bus. & Prof. Code § 17200 et. seq., and enjoining Defendant from continuing such acts;
J. Declaring that Defendant's actions complained of above constitute a violation of California common law trade dress infringement and unfair competition and enjoining Defendant from continuing such acts; and
K. Granting Beats damages and such other and future relief as this Court deems just and proper.
PLAINTIFF DEMANDS A JURY TRIAL ON ALL ISSUES.
