Case 1:12-cv-02326-CM Document 248 Filed 04/07/14 Page 1 of 19
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF NEW YORK
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`DROPLETS, INC.
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`Plaintiff,
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`vs.
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`Civil Action No. 1:12-cv-02326-CM
`ECF CASE
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`E*TRADE FINANCIAL CORPORATION
`ET AL
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`Defendant(s).
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`JURY TRIAL
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Droplets, Inc. (“Droplets” or “Plaintiff”) files this Complaint for patent
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`infringement against Defendants E*Trade Financial Corporation, E*Trade Securities, LLC,
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`E*Trade Bank (collectively, “E*Trade”); The Charles Schwab Corporation, Charles Schwab &
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`Co., Inc., Charles Schwab Bank, Schwab Holdings, Inc. (collectively, “Charles Schwab”);,
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`Scottrade, Inc., Scottrade Financial Services, Inc. (collectively, “Scottrade”); and TD Ameritrade
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`Holding Corporation, TD Ameritrade, Inc. (collectively, “TD Ameritrade”), (collectively,
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`“Defendants”), and alleges as follows:
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`I. PARTIES
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`1.
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`Plaintiff Droplets is a corporation organized and existing under the laws of
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`Delaware, with its principal place of business at 555 Republic Dr., Ste. 311, Plano, TX 75074.
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`Droplets is an innovative software development corporation focused on technology for
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`developing and delivering highly functional and scalable applications over the Internet. As a
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`result of this leading-edge development, Droplets has received patents on its platform, which
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`includes deployment of rich internet applications and related technology. Droplets has sold
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`E TRADE FINANCIAL CORP ET AL - EXHIBIT 1018
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`Case 1:12-cv-02326-CM Document 248 Filed 04/07/14 Page 2 of 19
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`products based on its technology to Global 1000 enterprises, U.S. armed services, independent
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`software vendors, and application service providers.
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`2.
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`Upon information and belief, E*Trade Financial Corporation is, and at all relevant
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`times mentioned herein was, a corporation organized and existing under the laws of the State of
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`Delaware, with its principal place of business at 1271 Avenue of the Americas, 14th Floor, New
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`York, NY 10020. E*Trade Financial Corporation may be served with process by serving its
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`registered agent, Corporation Service Company at 80 State St, Albany, NY 12207-2543.
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`3.
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`Upon information and belief, E*Trade Securities, LLC is, and at all relevant times
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`mentioned herein was, a corporation organized and existing under the laws of the State of
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`Delaware, with its principal place of business at 1271 Avenue of the Americas, 14th Floor, New
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`York, NY 10020. E*Trade Securities, LLC may be served with process by serving its registered
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`agent, Corporation Service Company at 2711 Centerville Road, Ste. 400, Wilmington, DE
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`19808.
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`4.
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`Upon information and belief, E*Trade Bank is, and at all relevant times
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`mentioned herein was, a federally-chartered banking subsidiary of E*Trade Financial
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`Corporation with its principal place of business in Arlington, Virginia. E*Trade Bank may be
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`served with process through its registered agent at 671 North Glebe Road, Arlington, VA 22203.
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`5.
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`Upon information and belief, The Charles Schwab Corporation is, and at all
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`relevant times mentioned herein was, a corporation organized and existing under the laws of the
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`State of Delaware, with its principal place of business at 211 Main Street, San Francisco, CA
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`94105. The Charles Schwab Corporation may be served with process by serving its registered
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`agent, CT Corporation System at 818 W 7th St., Los Angeles, CA 90017-3407.
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`Case 1:12-cv-02326-CM Document 248 Filed 04/07/14 Page 3 of 19
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`6.
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`Upon information and belief, Charles Schwab & Co., Inc. is, and at all relevant
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`times mentioned herein was, a corporation organized and existing under the laws of the State of
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`California, with its principal place of business at 211 Main Street, San Francisco, CA 94105.
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`Charles Schwab & Co., Inc. may be served with process by serving its registered agent, CT
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`Corporation System at 111 8th Ave, New York, NY 10011-5201.
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`7.
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`Upon information and belief, Charles Schwab Bank is, and at all relevant times
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`mentioned herein was, a federally-chartered banking subsidiary of The Charles Schwab
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`Corporation with its principal place of business 5190 Neil Road, Reno, NV 89502. Charles
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`Schwab Bank may be served with process by serving its registered agent, CT Corporation
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`System at 350 North St. Paul Street, Suite 2900, Dallas, TX 75201-4234.
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`8.
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`Upon information and belief, Schwab Holdings, Inc. is, and at all relevant times
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`mentioned herein was, a corporation organized and existing under the laws of the State of
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`Delaware, with its principal place of business at 211 Main Street, San Francisco, CA 94105.
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`Schwab Holdings, Inc. may be served with process by serving its registered agent, The
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`Corporation Trust Co. at 818 W 7th St., Los Angeles, CA 90017-3407.
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`9.
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`Upon information and belief, Scottrade, Inc. is, and at all relevant times
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`mentioned herein was, a corporation organized and existing under the laws of the State of
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`Arizona, with its principal place of business at 700 Maryville Centre Drive, St. Louis, MO
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`63141. Scottrade, Inc. may be served with process by serving its registered agent, CT
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`Corporation System at 80 State St, Albany, NY 12207-2543.
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`10.
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`Upon information and belief, Scottrade Financial Services, Inc. is, and at all
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`relevant times mentioned herein was, a corporation organized and existing under the laws of the
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`Case 1:12-cv-02326-CM Document 248 Filed 04/07/14 Page 4 of 19
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`State of Delaware, with its principal place of business at 700 Maryville Centre Drive, St. Louis,
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`MO 63141. Scottrade Financial Services, Inc. may be served with process by serving its
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`registered agent, The Corporation Trust Company at 1560 Broadway Suite 2090, Denver, CO
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`80202-5180.
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`11.
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`Upon information and belief, TD Ameritrade Holding Corporation is, and at all
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`relevant times mentioned herein was, a corporation organized and existing under the laws of the
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`State of Delaware, with its principal place of business at 4211 S. 102nd St., Omaha, NE 68127.
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`TD Ameritrade Holding Corporation may be served with process by serving its registered agent,
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`Corporation Service Company at 211 E 7th St Suite 620, Austin, TX 78701-3218.
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`12.
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`Upon information and belief, TD Ameritrade, Inc. is, and at all relevant times
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`mentioned herein was, a corporation organized and existing under the laws of the State of New
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`York, with its principal place of business at 4211 S. 102nd St., Omaha, NE 68127. TD
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`Ameritrade, Inc. may be served with process by serving its registered agent, Corporation Service
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`Company at 80 State St, Albany, NY 12207-2543.
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`II.
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`JURISDICTION AND VENUE
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`13.
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`Plaintiff repeats and re-alleges the allegations in Paragraphs 1 through 12 as
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`though fully set forth in their entirety.
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`14.
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`This action arises under the patent laws of the United States, Title 35, United
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`States Code § 1, et seq. This Court has exclusive subject matter jurisdiction over this case for
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`patent infringement under 28 U.S.C. §§ 1331 and 1338(a).
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`15.
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`Personal jurisdiction exists generally over each of the Defendants because each
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`has sufficient minimum contacts with the forum as a result of business conducted within the
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`Case 1:12-cv-02326-CM Document 248 Filed 04/07/14 Page 5 of 19
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`State of New York and within the Southern District of New York. Personal jurisdiction also
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`exists specifically over each of the Defendants because each, directly or through subsidiaries or
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`intermediaries, makes, uses, offers for sale, sells, imports, advertises, makes available and/or
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`markets products and services within the State of New York, and more particularly, within the
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`Southern District of New York, that infringe the patents-in-suit, as described more particularly
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`below.
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`16.
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`Defendant E*Trade maintains business locations in the State of New York,
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`including in the Southern District of New York.
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`17.
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`On information and belief, E*Trade also directly or through subsidiaries or
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`intermediaries, makes, uses, offers for sale, sells, imports, advertises, makes available and/or
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`markets products and services within the Southern District of New York, through its
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`www.etrade.com website, that infringe the patents-in-suit.
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`18.
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`Defendant Charles Schwab maintains business locations in the State of New
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`York, including in the Southern District of New York.
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`19.
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`On information and belief, Charles Schwab also directly or through subsidiaries
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`or intermediaries, makes, uses, offers for sale, sells, imports, advertises, makes available and/or
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`markets products and services within the Southern District of New York, through its
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`www.schwab.com website, that infringe the patents-in-suit.
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`20.
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`Defendant Scottrade maintains business locations in the State of New York,
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`including in the Southern District of New York.
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`21.
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`On information and belief, Scottrade directly or through subsidiaries or
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`intermediaries, makes, uses, offers for sale, sells, imports, advertises, makes available and/or
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`Case 1:12-cv-02326-CM Document 248 Filed 04/07/14 Page 6 of 19
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`markets products and services within the Southern District of New York, through its
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`www.scottrade.com website, that infringe the patents-in-suit.
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`22.
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`Defendant Scottrade maintains business locations in the State of New York,
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`including in the Southern District of New York.
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`23.
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`On information and belief, TD Ameritrade also directly or through subsidiaries or
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`intermediaries, makes, uses, offers for sale, sells, imports, advertises, makes available and/or
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`markets products and services within the Southern District of New York, through its
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`www.tdameritrade.com website, that infringe the patents-in-suit.
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`24.
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`Venue is appropriate in the Southern District of New York under 28 U.S.C. §§
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`1391(b)–(c), 1400(b), and 1404.
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`III. PATENT INFRINGEMENT
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`25.
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`Plaintiff repeats and re-alleges the allegations in Paragraphs 1 through 24 as
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`though fully set forth in their entirety.
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`26.
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`United States Patent No. 6,687,745 (“the ’745 Patent”) entitled “System and
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`method for delivering a graphical user interface of remote applications over a thin bandwidth
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`connection,” was duly and legally issued by the United States Patent and Trademark Office on
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`February 3, 2004 after full and fair examination. An inter partes reexamination of the ’745
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`Patent was filed on August 3, 2007. On March 1, 2011, the United States Patent Office duly and
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`legally issued an Inter Partes Reexamination Certificate No. 6,687,745 C1 confirming the
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`patentability of all claims of the ’745 Patent and adding claims 27-104 determined to be
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`patentable. Droplets is the assignee of all rights, title, and interest in the ’745 Patent, including
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`Case 1:12-cv-02326-CM Document 248 Filed 04/07/14 Page 7 of 19
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`the right to recover damages for past infringement. A copy of the ’745 Patent is attached as
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`Exhibit 1 to this Complaint.
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`27.
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`United States Patent No. 7,502,838 (“the ’838 Patent”) entitled “System and
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`method for delivering remotely stored applications and information,” was duly and legally issued
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`by the United States Patent and Trademark Office on March 10, 2009 after full and fair
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`examination. Droplets is the assignee of all rights, title, and interest in the ’838 patent, including
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`the right to recover damages for past infringement. A copy of the ’838 Patent is attached as
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`Exhibit 2 to this Complaint.
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`28.
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`United States Patent No. 8,402,115 (“the ’115 Patent”) entitled “System and
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`method for delivering remotely stored applications and information,” was duly and legally issued
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`by the United States Patent and Trademark Office on March 19, 2013 after full and fair
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`examination. Droplets is the assignee of all rights, title, and interest in the ’115 patent, including
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`the right to recover damages for past infringement. A copy of the ’115 Patent is attached as
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`Exhibit 3 to this Complaint.
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`29.
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`Together the ’745 Patent, the ’838 Patent, and the ’115 Patent comprise the
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`“patents-in-suit.”
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`30.
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`E*Trade has directly and/or
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`indirectly
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`infringed (by
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`inducement and/or
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`contributory infringement), and is continuing to infringe, directly and/or indirectly, the ’745
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`Patent in this District or otherwise within the United States by making, using, selling, offering to
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`sell, and/or importing in or into the United States, without authority: (i) applications and
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`software including, but not limited to, those maintained on servers located in and/or accessible
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`from the United States under the control of E*Trade that transmit and display financial
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`Case 1:12-cv-02326-CM Document 248 Filed 04/07/14 Page 8 of 19
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`information and that are made available to users through web pages, including, without
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`limitation, stock charting applications and software; and/or (ii) computer equipment, including,
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`without limitation, computer equipment that stores, serves, and/or runs any of the foregoing.
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`31.
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`E*Trade has directly and/or
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`indirectly
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`infringed (by
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`inducement and/or
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`contributory infringement), and is continuing to infringe, directly and/or indirectly, the ’838
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`Patent in this District or otherwise within the United States by making, using, selling, offering to
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`sell, and/or importing in or into the United States, without authority: (i) applications and
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`software including, but not limited to, those maintained on servers located in and/or accessible
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`from the United States under the control of E*Trade that transmit and display financial
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`information and that are made available to users through web pages, including, without
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`limitation, stock charting applications and software; and/or (ii) computer equipment, including,
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`without limitation, computer equipment that stores, serves, and/or runs any of the foregoing.
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`32.
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`E*Trade has directly and/or
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`indirectly
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`infringed (by
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`inducement and/or
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`contributory infringement), and is continuing to infringe, directly and/or indirectly, the ’115
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`Patent in this District or otherwise within the United States by making, using, selling, offering to
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`sell, and/or importing in or into the United States, without authority: (i) applications and
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`software including, but not limited to, those maintained on servers located in and/or accessible
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`from the United States under the control of E*Trade that transmit and display financial
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`information and that are made available to users through web pages, including, without
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`limitation, stock charting applications and software; and/or (ii) computer equipment, including,
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`without limitation, computer equipment that stores, serves, and/or runs any of the foregoing.
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`33.
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`E*Trade indirectly infringes one or more claims of the ’745 Patent, the ’838
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`Patent, and/or the ’115 Patent by inducement under 35 U.S.C. § 271(b). E*Trade has induced
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`Case 1:12-cv-02326-CM Document 248 Filed 04/07/14 Page 9 of 19
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`and continues to induce users of the accused applications, software, and computer equipment
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`identified above to directly infringe one or more claims of the ’745 Patent, the ’838 Patent,
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`and/or the ’115 Patent. E*Trade indirectly infringes one or more claims of the ’745 Patent, the
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`’838 Patent, and/or the ’115 Patent by contributory infringement under 35 U.S.C. § 271(c). By
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`providing the accused applications, software, and computer equipment identified above, E*Trade
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`contributes to the direct infringement of users of said applications, software, and computer
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`equipment.
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`34.
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`Charles Schwab has directly and/or indirectly infringed (by inducement and/or
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`contributory infringement), and is continuing to infringe, directly and/or indirectly, the ’745
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`Patent in this District or otherwise within the United States by making, using, selling, offering to
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`sell, and/or importing in or into the United States, without authority: (i) applications and
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`software including, but not limited to, those maintained on servers located in and/or accessible
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`from the United States under the control of Charles Schwab that transmit and display financial
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`information and that are made available to users through web pages including, without
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`limitation, stock charting applications and software; and/or (ii) computer equipment, including,
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`without limitation, computer equipment that stores, serves, and/or runs any of the foregoing.
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`35.
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`Charles Schwab has directly and/or indirectly infringed (by inducement and/or
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`contributory infringement), and is continuing to infringe, directly and/or indirectly, the ’838
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`Patent in this District or otherwise within the United States by making, using, selling, offering to
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`sell, and/or importing in or into the United States, without authority: (i) applications and
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`software including, but not limited to, those maintained on servers located in and/or accessible
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`from the United States under the control of Charles Schwab that transmit and display financial
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`information and that are made available to users through web pages, including, without
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`Case 1:12-cv-02326-CM Document 248 Filed 04/07/14 Page 10 of 19
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`limitation, stock charting applications and software; and/or (ii) computer equipment, including,
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`without limitation, computer equipment that stores, serves, and/or runs any of the foregoing.
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`36.
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`Charles Schwab has directly and/or indirectly infringed (by inducement and/or
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`contributory infringement), and is continuing to infringe, directly and/or indirectly, the ’115
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`Patent in this District or otherwise within the United States by making, using, selling, offering to
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`sell, and/or importing in or into the United States, without authority: (i) applications and
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`software including, but not limited to, those maintained on servers located in and/or accessible
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`from the United States under the control of Charles Schwab that transmit and display financial
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`information and that are made available to users through web pages, including, without
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`limitation, stock charting applications and software; and/or (ii) computer equipment, including,
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`without limitation, computer equipment that stores, serves, and/or runs any of the foregoing.
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`37.
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`Charles Schwab indirectly infringes one or more claims of the ’745 Patent, the
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`’838 Patent, and/or the ’115 Patent by inducement under 35 U.S.C. § 271(b). Charles Schwab
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`has induced and continues to induce users of the accused applications, software, and computer
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`equipment identified above to directly infringe one or more claims of the ’745 Patent, the ’838
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`Patent, and/or the ’115 Patent. Charles Schwab indirectly infringes one or more claims of the
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`’745 Patent, the ’838 Patent, and/or the ’115 Patent by contributory infringement under 35
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`U.S.C. § 271(c). By providing the accused applications, software, and computer equipment
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`identified above, Charles Schwab contributes to the direct infringement of users of said
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`applications, software, and computer equipment.
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`38.
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`Scottrade has directly and/or indirectly infringed (by inducement and/or
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`contributory infringement), and is continuing to infringe, directly and/or indirectly, the ’745
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`Patent in this District or otherwise within the United States by making, using, selling, offering to
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`Case 1:12-cv-02326-CM Document 248 Filed 04/07/14 Page 11 of 19
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`sell, and/or importing in or into the United States, without authority: (i) applications and
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`software including, but not limited to, those maintained on servers located in and/or accessible
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`from the United States under the control of Scottrade that transmit and display financial
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`information and that are made available to users through web pages, including, without
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`limitation, stock charting applications and software; and/or (ii) computer equipment, including,
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`without limitation, computer equipment that stores, serves, and/or runs any of the foregoing.
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`39.
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`Scottrade has directly and/or indirectly infringed (by inducement and/or
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`contributory infringement), and is continuing to infringe, directly and/or indirectly, the ’838
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`Patent in this District or otherwise within the United States by making, using, selling, offering to
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`sell, and/or importing in or into the United States, without authority: (i) applications and
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`software including, but not limited to, those maintained on servers located in and/or accessible
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`from the United States under the control of Scottrade that transmit and display financial
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`information and that are made available to users through web pages, including, without
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`limitation, stock charting applications and software; and/or (ii) computer equipment, including,
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`without limitation, computer equipment that stores, serves, and/or runs any of the foregoing.
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`40.
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`Scottrade has directly and/or indirectly infringed (by inducement and/or
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`contributory infringement), and is continuing to infringe, directly and/or indirectly, the ’115
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`Patent in this District or otherwise within the United States by making, using, selling, offering to
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`sell, and/or importing in or into the United States, without authority: (i) applications and
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`software including, but not limited to, those maintained on servers located in and/or accessible
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`from the United States under the control of Scottrade that transmit and display financial
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`information and that are made available to users through web pages, including, without
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`Case 1:12-cv-02326-CM Document 248 Filed 04/07/14 Page 12 of 19
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`limitation, stock charting applications and software; and/or (ii) computer equipment, including,
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`without limitation, computer equipment that stores, serves, and/or runs any of the foregoing.
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`41.
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`Scottrade indirectly infringes one or more claims of the ’745 Patent, the ’838
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`Patent, and/or the ’115 Patent by inducement under 35 U.S.C. § 271(b). Scottrade has induced
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`and continues to induce users of the accused applications, software, and computer equipment
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`identified above to directly infringe one or more claims of the ’745 Patent, the ’838 Patent,
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`and/or the ’115 Patent. Scottrade indirectly infringes one or more claims of the ’745 Patent, the
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`’838 Patent, and/or the ’115 Patent by contributory infringement under 35 U.S.C. § 271(c). By
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`providing the accused applications, software, and computer equipment identified above,
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`Scottrade contributes to the direct infringement of users of said applications, software, and
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`computer equipment.
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`42.
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`TD Ameritrade has directly and/or indirectly infringed (by inducement and/or
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`contributory infringement), and is continuing to infringe, directly and/or indirectly, the ’745
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`Patent in this District or otherwise within the United States by making, using, selling, offering to
`
`sell, and/or importing in or into the United States, without authority: (i) applications and
`
`software including, but not limited to, those maintained on servers located in and/or accessible
`
`from the United States under the control of TD Ameritrade that transmit and display financial
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`information and that are made available to users through web pages, including, without
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`limitation, stock charting applications and software; and/or (ii) computer equipment, including,
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`without limitation, computer equipment that stores, serves, and/or runs any of the foregoing.
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`43.
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`TD Ameritrade has directly and/or indirectly infringed (by inducement and/or
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`contributory infringement), and is continuing to infringe, directly and/or indirectly, the ’838
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`Patent in this District or otherwise within the United States by making, using, selling, offering to
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`Case 1:12-cv-02326-CM Document 248 Filed 04/07/14 Page 13 of 19
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`sell, and/or importing in or into the United States, without authority: (i) applications and
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`software including, but not limited to, those maintained on servers located in and/or accessible
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`from the United States under the control of TD Ameritrade that transmit and display financial
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`information and that are made available to users through web pages, including, without
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`limitation, stock charting applications and software; and/or (ii) computer equipment, including,
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`without limitation, computer equipment that stores, serves, and/or runs any of the foregoing.
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`44.
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`TD Ameritrade has directly and/or indirectly infringed (by inducement and/or
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`contributory infringement), and is continuing to infringe, directly and/or indirectly, the ’115
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`Patent in this District or otherwise within the United States by making, using, selling, offering to
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`sell, and/or importing in or into the United States, without authority: (i) applications and
`
`software including, but not limited to, those maintained on servers located in and/or accessible
`
`from the United States under the control of TD Ameritrade that transmit and display financial
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`information and that are made available to users through web pages, including, without
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`limitation, stock charting applications and software; and/or (ii) computer equipment, including,
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`without limitation, computer equipment that stores, serves, and/or runs any of the foregoing.
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`45.
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`TD Ameritrade indirectly infringes one or more claims of the ’745 Patent, the
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`’838 Patent, and/or the ’115 Patent by inducement under 35 U.S.C. § 271(b). TD Ameritrade has
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`induced and continues to induce users of the accused applications, software, and computer
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`equipment identified above to directly infringe one or more claims of the ’745 Patent, the ’838
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`Patent, and/or the ’115 Patent. TD Ameritrade indirectly infringes one or more claims of the
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`’745 Patent, the ’838 Patent, and/or the ’115 Patent by contributory infringement under 35
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`U.S.C. § 271(c). By providing the accused applications, software, and computer equipment
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`identified above, TD Ameritrade contributes to the direct infringement of users of said
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`applications, software, and computer equipment.
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`46.
`
`As a direct and proximate consequence of the acts and practices of the Defendants
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`in infringing and/or inducing the infringement of one or more claims of the ’745 Patent, Droplets
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`has been, is being, and, unless such acts and practices are enjoined by the Court, will continue to
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`suffer injury to its business and property rights.
`
`47.
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`As a direct and proximate consequence of the acts and practices of the Defendants
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`in infringing and/or inducing the infringement of one or more claims of the ’838 Patent, Droplets
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`has been, is being, and, unless such acts and practices are enjoined by the Court, will continue to
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`suffer injury to its business and property rights.
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`48.
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`As a direct and proximate consequence of the acts and practices of the Defendants
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`in infringing and/or inducing the infringement of one or more claims of the ’115 Patent, Droplets
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`has been, is being, and, unless such acts and practices are enjoined by the Court, will continue to
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`suffer injury to its business and property rights.
`
`49.
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`As a direct and proximate consequence of the acts and practices of the Defendants
`
`in infringing, directly and/or indirectly, one or more claims of the ’745 Patent, Droplets has
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`suffered, is suffering, and will continue to suffer injury and damages for which it is entitled to
`
`relief under 35 U.S.C. § 284, in an amount to be determined at trial.
`
`50.
`
`As a direct and proximate consequence of the acts and practices of the Defendants
`
`in infringing, directly and/or indirectly, one or more claims of the ’838 Patent, Droplets has
`
`suffered, is suffering, and will continue to suffer injury and damages for which it is entitled to
`
`relief under 35 U.S.C. § 284, in an amount to be determined at trial.
`
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`51.
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`As a direct and proximate consequence of the acts and practices of the Defendants
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`in infringing, directly and/or indirectly, one or more claims of the ’115 Patent, Droplets has
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`suffered, is suffering, and will continue to suffer injury and damages for which it is entitled to
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`relief under 35 U.S.C. § 284, in an amount to be determined at trial.
`
`52.
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`In addition, the infringing acts and practices of the Defendants has caused, is
`
`causing, and, unless such acts and practices are enjoined by the Court, will continue to cause
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`immediate and irreparable harm to Droplets for which there is no adequate remedy at law, and
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`for which Droplets is entitled to injunctive relief under 35 U.S.C. § 283.
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`IV. PRAYER FOR RELIEF
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`Plaintiff prays for the following relief:
`
`A.
`
`A judgment that each Defendant has infringed, directly and indirectly, one or
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`more claims of the ’745 Patent;
`
`B.
`
`A judgment that each Defendant has infringed, directly and indirectly, one or
`
`more claims of the ’838 Patent;
`
`C.
`
`A judgment that each Defendant has infringed, directly and indirectly, one or
`
`more claims of the ’115 Patent;
`
`D.
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`A judgment and order enjoining each Defendant, its employees and agents, and
`
`any other person(s) in active concert or participation with it from infringing, directly or
`
`indirectly, the ’745 Patent;
`
`E.
`
`A judgment and order enjoining each Defendant, its employees and agents, and
`
`any other person(s) in active concert or participation with it from infringing, directly or
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`indirectly, the ’838 Patent;
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`F.
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`A judgment and order enjoining each Defendant, its employees and agents, and
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`any other person(s) in active concert or participation with it from infringing, directly or
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`indirectly, the ’115 Patent;
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`G.
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`A judgment and order requiring each Defendant to pay Plaintiff’s damages under
`
`35 U.S.C. § 284, and supplemental damages for any continuing post-verdict infringement up
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`until entry of the final judgment with an accounting as needed;
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`H.
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`An award of all costs of this action;
`
`I.
`
`J.
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`Pre-judgment and post-judgment interest to the maximum rate allowed by law;
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`A declaration that this is an exceptional case pursuant to 35 U.S.C. § 285 and an
`
`award of Plaintiff’s attorneys’ fees;
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`K.
`
`In the alternative, in the event injunctive relief is not granted as requested by
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`Droplets, an award of a compulsory future royalty; and
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`L.
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`Such other and further relief as the Court deems just and equitable.
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`V. DEMAND FOR JURY TRIAL
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`Plaintiff hereby demands that all issues be determined by a jury.
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`
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`DATED: April 7, 2014.
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`Respectfully submitted,
`MCKOOL SMITH, P.C.
`
`/s/ Josh Budwin
`
`Theodore Stevenson, III, LEAD COUNSEL
`Texas State Bar No. 19196650
`tstevenson@mckoolsmith.com
`MCKOOL SMITH, PC
`300 Crescent Court, Suite 1500
`Dallas, Texas 75201
`Tel: (214) 978-4974
`Fax: (214) 978-4044
`
`Courtland L. Reichman
`California State Bar No. 268873
`creichman@mckoolsmith.com
`Stephanie M. Adams Ryan
`California State Bar No. 289548
`sadamsryan@mckoolsmith.com
`MCKOOL SMITH HENNIGAN, PC
`255 Shoreline Drive, Suite 510
`Redwood Shores, CA 94065
`Tel: (650) 394-1400
`Fax: (650) 394-1422
`
`Sam F. Baxter
`Texas State Bar No. 01938000
`sbaxter@mckoolsmith.com
`MCKOOL SMITH, P.C.
`104 E. Houston St., Ste. 300, P.O. Box O
`Marshall, Texas 75670
`Tel: (903) 923-9000
`Fax: (903) 923-9095
`
`Josh W. Budwin
`Texas State Bar No. 24050347
`jbudwin@mckoolsmith.com
`James E. Quigley
`Texas State Bar No. 24075810
`jquigley@mckoolsmith.com
`MCKOOL SMITH, P.C.
`300 West Sixth Street, Suite 1700
`Austin, Texas 78701
`Tel: (512) 692-8700
`Fax: (512) 692-8744
`
`
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`Case 1:12-cv-02326-CM Document 248 Filed 04/07/14 Page 18 of 19
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`Brett E. Cooper
`New York State Bar No. 4011011
`bcooper@mckoolsmith.com
`Lauren Fornarotto
`New York State Bar