Case 3:15-cv-00330-MMD-WGC Document 14 Filed 06/29/15 Page 1 of 13
`
`
`Christopher G. Hanewicz (pro hac vice)
`PERKINS COIE LLP
`One East Main Street, Suite 201
`Madison, WI 53703-5118
`Telephone: 608.663.7460
`Fax: 608.663.7499
`chanewicz@perkinscoie.com
`
`Michael R. Henson (pro hac vice)
`PERKINS COIE LLP
`1900 Sixteenth Street, Ste. 1400
`Denver, Colorado 80202
`Telephone: 303-291-2337
`Fax: 303-291-2437
`mhenson@perkinscoie.com
`
`
`Matthew B. Hippler (Nevada SBN 7015)
`HOLLAND & HART LLP
`5441 Kietzke Lane, Second Floor
`Reno, Nevada 89511
`Telephone: 775-327-3000
`Fax: 877-665-5867
`mhippler@hollandhart.com
`
`James E. Hartley (pro hac vice)
`HOLLAND & HART LLP
`555 Seventeenth Street, Suite 3200
`Denver, Colorado 80202
`Telephone: 303-295-8000
`Fax: 303-295-8261
`jhartley@hollandhart.com
`
`Donald A. Degnan (pro hac vice)
`Timothy P. Getzoff (pro hac vice)
`HOLLAND & HART LLP
`1800 Broadway, Suite 300
`Boulder, Colorado 80302
`Telephone: 303-473-2700
`Fax: 303-473-2720
`ddegnan@hollandhart.com
`tgetzoff@hollandhart.com
`
`Attorneys for Plaintiff Server Technology, Inc.
`
`
`THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF NEVADA
`
`CASE NO.: 3:15-cv-00330-MMD-WGC
`
`FIRST AMENDED COMPLAINT FOR
`PATENT INFRINGEMENT
`
`
`JURY DEMAND
`
`
`
`
`
`
`SERVER TECHNOLOGY, INC.,
`a Nevada Corporation,
`
`Plaintiff,
`
`v.
`
`RARITAN INC., a New Jersey corporation, and
`RARITAN AMERICAS, INC., a New Jersey
`corporation,
`
`
`Defendants.
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`Case 3:15-cv-00330-MMD-WGC Document 14 Filed 06/29/15 Page 2 of 13
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`Pursuant to Rule 15(a)(1)(A) of the Federal Rules of Civil Procedure, as a matter of
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`course, plaintiff Server Technology, Inc., submits this first amended complaint against
`
`defendants Raritan Inc. and Raritan Americas, Inc.
`
`JURISDICTION AND VENUE
`
`1.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, Title 35 of the United States Code, 35 U.S.C. § 271 et seq.
`2.
`
`This Court has original jurisdiction over these claims pursuant to 28 U.S.C.
`
`§§ 1331 and 1338(a).
`3.
`
`This Court has personal jurisdiction over defendants Raritan Inc. and Raritan
`
`Americas, Inc. because they transact business in the District of Nevada, they have marketed,
`
`manufactured or sold infringing product within this district, and they have caused plaintiff injury
`
`within this district.
`4.
`
`Venue is proper in this district under 28 U.S.C. §§ 1391(b), (c) and/or 1400(b).
`
`PARTIES
`
`5.
`
`Plaintiff Server Technology, Inc. (“Server Technology”) is a Nevada corporation
`
`having its principal place of business at 1040 Sandhill Drive, Reno, Nevada, 89521.
`6.
`
`Defendants Raritan Inc. and Raritan Americas, Inc. (jointly “Raritan”) both are
`
`New Jersey corporations having their principal place of business at 400 Cottontail Lane,
`
`Somerset, NJ 08873. Raritan does business within the District of Nevada.
`
`GENERAL ALLEGATIONS
`
`7.
`
`Server Technology is a leader in innovative power management solutions. It
`
`designs and manufactures a number of products, including what are called intelligent power
`
`distribution units (or “PDUs”). Although used in many types of applications, a primary
`
`application for PDU products is in data centers.
`8.
`
`Server Technology is the owner of United States Patent No. 7,043,543 (“the ‘543
`
`patent”) entitled “VERTICAL-MOUNT ELECTRICAL POWER DISTRIBUTION
`
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`Case 3:15-cv-00330-MMD-WGC Document 14 Filed 06/29/15 Page 3 of 13
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`PLUGSTRIP,” which issued on May 9, 2006. A true and correct copy of the ‘543 patent is
`
`attached as Exhibit 1 and incorporated by this reference.
`9.
`
`Server Technology is the owner of United States Patent No. 7,702,771 (“the ‘771
`
`patent”) entitled “ELECTRICAL POWER DISTRIBUTION DEVICE HAVING A CURRENT
`
`DISPLAY,” which issued on April 20, 2010. A true and correct copy of the ‘771 patent is
`
`attached as Exhibit 2 and incorporated by this reference.
`10.
`
`Server Technology is the owner of United States Patent No. 7,171,461 (“the ‘461
`
`patent”) entitled “NETWORK REMOTE POWER MANAGEMENT OUTLET STRIP,” which
`
`issued on January 30, 2007. A true and correct copy of the ‘461 patent is attached as Exhibit 3
`
`and incorporated by this reference.
`11.
`
`Server Technology is the owner of United States Patent No. 7,162,521 (“the ‘521
`
`patent”) entitled “REMOTE POWER CONTROL SYSTEM,” which issued on January 9, 2007.
`
`A true and correct copy of the ‘521 patent is attached as Exhibit 4 and incorporated by this
`
`reference.
`12.
`
`Server Technology is the owner of United States Patent No. 8,549,067 (“the ‘067
`
`patent”) entitled “NETWORKABLE ELECTRICAL POWER DISTRIBUTION PLUGSTRIP
`
`WITH CURRENT DISPLAY AND METHOD OF USE,” which issued on October 1, 2013. A
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`true and correct copy of the ‘067 patent is attached as Exhibit 5 and incorporated by this
`
`reference.
`13.
`
`Server Technology is the owner of United States Patent No. 8,601,291 (“the ‘291
`
`patent”) entitled “POWER MANAGEMENT DEVICE WITH COMMUNICATIONS
`
`CAPABILITY AND METHOD OF USE,” which issued on December 3, 2013. A true and
`
`correct copy of the ‘291 patent is attached as Exhibit 6 and incorporated by this reference.
`14.
`
`Server Technology is the owner of United States Patent No. 7,457,106 (“the ‘106
`
`patent”) entitled “POWER DISTRIBUTION UNIT AND METHODS OF MAKING AND USE
`
`INCLUDING MODULAR CONSTRUCTION AND ASSEMBLIES,” which issued on
`
`November 25, 2008. A true and correct copy of the ‘106 patent is attached as Exhibit 7 and
`
`incorporated by this reference.
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`Case 3:15-cv-00330-MMD-WGC Document 14 Filed 06/29/15 Page 4 of 13
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`15.
`
`Server Technology is the owner of United States Patent No. 7,706,134 (“the ‘134
`
`patent”) entitled “POWER DISTRIBUTION UNIT AND METHODS OF MAKING AND USE
`
`INCLUDING MODULAR CONSTRUCTION AND ASSEMBLIES,” which issued on April 27,
`
`2010. A true and correct copy of the ‘134 patent is attached as Exhibit 8 and incorporated by this
`
`reference.
`16.
`
`Server Technology is the owner of United States Patent No. 7,990,689 (“the ‘689
`
`patent”) entitled “POWER DISTRIBUTION UNIT AND METHODS OF MAKING AND USE
`
`INCLUDING MODULAR CONSTRUCTION AND ASSEMBLIES,” which issued on August
`
`2, 2011. A true and correct copy of the ‘689 patent is attached as Exhibit 9 and incorporated by
`
`this reference.
`17.
`
`Server Technology is the owner of United States Patent No. 8,694,272 (“the ‘272
`
`patent”) entitled “MONITORING POWER-RELATED PARAMETERS IN A POWER
`
`DISTRIBUTION UNIT,” which issued on April 8, 2014. A true and correct copy of the ‘272
`
`patent is attached as Exhibit 10 and incorporated by this reference.
`18.
`
`Server Technology is the owner of United States Patent No. 8,305,737 (“the ‘737
`
`patent”) entitled “POWER DISTRIBUTION APPARATUS WITH INPUT AND OUTPUT
`
`POWER SENSING AND METHOD OF USE,” which issued on November 6, 2012. A true and
`
`correct copy of the ‘737 patent is attached as Exhibit 11 and incorporated by this reference.
`19.
`
`The ‘543, ‘771, ‘461, ‘521, ‘067, ‘291, ‘106, ‘134, ‘689, ‘272, and ‘737 patents
`
`are collectively referred to as the “Server Technology Patents.”
`20.
`
`Server Technology’s business is centered on PDUs. Virtually all of its sales are
`
`PDUs and related services, and most of these sales are directly related to products covered by the
`
`Server Technology Patents. Server Technology’s success depends upon innovation and product
`
`differentiation.
`21.
`
`Raritan has made, used, imported, sold or offered to sell, and continues to make,
`
`use, import, sell, and/or offer to sell data center equipment cabinets and data center power
`
`management devices, including PDUs.
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`Case 3:15-cv-00330-MMD-WGC Document 14 Filed 06/29/15 Page 5 of 13
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`22.
`
`Raritan competes directly with Server Technology in the PDU market. Raritan’s
`
`acts of infringement have caused Server Technology to lose market share and goodwill to
`
`Raritan.
`23.
`
`Raritan has made, used, offered for sale, and sold in the United States hundreds of
`
`PDU products that infringe one or more of the claims of the Server Technology Patents.
`
`Specifically, as just two examples, Raritan’s DPSX12-15 and PX3-5902V model PDUs infringe
`
`each of the Server Technology Patents.
`24.
`
`Additionally, the Raritan model PX2-5520 PDU infringes claim 15 of the ‘543
`
`patent and claim 15 of the ‘771 patent. A list of 182 models of Raritan PDUs that infringe claim
`
`15 of the ‘543 patent and claim 15 of the ‘771 patent is set forth in Exhibit 12.
`25.
`
`As set forth below in the following subparagraphs, Raritan has made, used,
`
`offered for sale and has sold in the United States PDUs that infringe at least the following claims
`
`Claim 15 of the ‘543 patent;
`
`Claim 15 of the ‘771 patent;
`
`Claims 1 and 8 of the ‘461 patent;
`
`Claims 1, 16, 31 of the ‘521 patent;
`
`Claim 1 of the ‘067 patent;
`
`Claims 1 and 7 of the ‘291 patent;
`
`Claims 1 and 22 of the ‘106 patent;
`
`of the Server Technology Patents:
`a.
`b.
`c.
`d.
`e.
`f.
`g.
`h.
`i.
`j.
`k.
`
`Claims 1, 9 and 22 of the ‘134 patent;
`
`Claim 1 of the ‘689 patent;
`
`Claim 1 of the ‘272 patent; and
`
`Claim 1 of the ‘737 patent.
`
`26.
`
`Server Technology marks its products with the numbers of the Server Technology
`
`Patents in accordance with 35 U.S.C. § 287. Therefore, Raritan has had constructive notice of
`
`the Server Technology Patents since the date marking commenced for each individual patent.
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`Case 3:15-cv-00330-MMD-WGC Document 14 Filed 06/29/15 Page 6 of 13
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`Additionally, Raritan has had actual notice of the Server Technology Patents since at least as
`
`early as the filing of this amended complaint.
`
`FIRST CAUSE OF ACTION
`
`(Infringement of the ‘543 patent)
`
`27.
`
`Server Technology incorporates by reference the allegations contained in
`
`paragraphs 1-26.
`28.
`
`In violation of 35 U.S.C. § 271(a), Raritan has infringed and is infringing claim
`
`15 of the ‘543 patent by manufacturing, using, offering to sell, or selling, within the United
`
`States, and/or by importing into the United States, over 180 different product models in the
`
`DPSX, PX-2000 and PX-5000 series of vertical, switched PDU products, including but not
`
`limited to the Raritan model DPSX12-15, PX3-5902V and PX2-5520 PDUs.
`29.
`30.
`
`Raritan’s infringing acts have caused damage to Server Technology.
`
`Raritan will continue to infringe claim 15 of the ‘543 patent unless permanently
`
`enjoined by this Court. As a result of Raritan’s infringement, Server Technology has suffered,
`
`and will continue to suffer, irreparable harm for which there is no adequate remedy at law.
`
`Accordingly, Server Technology is entitled to permanent injunctive relief against such
`
`infringement pursuant to 35 U.S.C. § 283.
`31.
`
`The existence and scope of the ‘543 patent are well-known to those companies
`
`that manufacture and sell PDUs. Accordingly, based on Raritan’s knowledge of the ‘543 patent,
`
`Raritan’s infringement of the ‘543 patent is willful.
`
`SECOND CAUSE OF ACTION
`
`(Infringement of the ‘771 patent)
`
`32.
`
`Server Technology incorporates by reference the allegations contained in the
`
`paragraphs 1-26.
`33.
`
`In violation of 35 U.S.C. § 271(a), Raritan has infringed and is infringing claim
`
`15 of the ‘771 patent by manufacturing, using, offering to sell, or selling, within the United
`
`States, and/or by importing into the United States, over 180 different product models in the
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`Case 3:15-cv-00330-MMD-WGC Document 14 Filed 06/29/15 Page 7 of 13
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`DPSX, PX-2000 and PX-5000 series of vertical, switched PDU products, including but not
`
`limited to the Raritan model DPSX12-15, PX3-5902V and PX2-5520 PDUs.
`34.
`35.
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`Raritan’s infringing acts have caused damage to Server Technology.
`
`Raritan will continue to infringe claim 15 of the ‘771 patent unless permanently
`
`enjoined by this Court. As a result of Raritan’s infringement, Server Technology has suffered,
`
`and will continue to suffer, irreparable harm for which there is no adequate remedy at law.
`
`Accordingly, Server Technology is entitled to permanent injunctive relief against such
`
`infringement pursuant to 35 U.S.C. § 283.
`36.
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`The existence and scope of the ‘771 patent are well-known to those companies
`
`that manufacture and sell PDUs. Accordingly, based on Raritan’s knowledge of the ‘771 patent,
`
`Raritan’s infringement of the ‘771 patent is willful.
`
`THIRD CAUSE OF ACTION
`
`(Infringement of the ‘461 patent)
`
`37.
`
`Server Technology incorporates by reference the allegations contained in the
`
`paragraphs 1-26.
`38.
`
`In violation of 35 U.S.C. § 271(a), Raritan has infringed and is infringing at least
`
`claim 1 of the ‘461 patent by manufacturing, using, offering to sell, or selling, within the United
`
`States, and/or by importing into the United States, products, including but not limited to the
`
`Raritan model PX3-5902V and PX2-5520 PDUs.
`39.
`
`In violation of 35 U.S.C. § 271(a), Raritan has infringed and is infringing at least
`
`claim 8 of the ‘461 patent by manufacturing, using, offering to sell, or selling, within the United
`
`States, and/or by importing into the United States, products, including but not limited to the
`
`Raritan model DPSX12-15, PX3-5902V and PX2-5520 PDUs.
`40.
`41.
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`Raritan’s infringing acts have caused damage to Server Technology.
`
`Raritan will continue to infringe claims 1 and 8 of the ‘461 patent unless
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`permanently enjoined by this Court. As a result of Raritan’s infringement, Server Technology
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`has suffered, and will continue to suffer, irreparable harm for which there is no adequate remedy
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`Case 3:15-cv-00330-MMD-WGC Document 14 Filed 06/29/15 Page 8 of 13
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`at law. Accordingly, Server Technology is entitled to permanent injunctive relief against such
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`infringement pursuant to 35 U.S.C. § 283.
`
`FOURTH CAUSE OF ACTION
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`(Infringement of the ‘521 patent)
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`42.
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`Server Technology incorporates by reference the allegations contained in the
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`paragraphs 1-26.
`43.
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`In violation of 35 U.S.C. § 271(a), Raritan has infringed and is infringing at least
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`claims 1, 16, and 31 of the ‘521 patent by manufacturing, using, offering to sell, or selling,
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`within the United States, and/or by importing into the United States, products, including but not
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`limited to the Raritan model DPSX12-15 and PX3-5902V PDUs.
`44.
`45.
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`Raritan’s infringing acts have caused damage to Server Technology.
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`Raritan will continue to infringe at least claims 1, 16, and 31 of the ‘521 patent
`
`unless permanently enjoined by this Court. As a result of Raritan’s infringement, Server
`
`Technology has suffered, and will continue to suffer, irreparable harm for which there is no
`
`adequate remedy at law. Accordingly, Server Technology is entitled to permanent injunctive
`
`relief against such infringement pursuant to 35 U.S.C. § 283.
`
`FIFTH CAUSE OF ACTION
`
`(Infringement of the ‘067 patent)
`
`46.
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`Server Technology incorporates by reference the allegations contained in the
`
`paragraphs 1-26.
`47.
`
`In violation of 35 U.S.C. § 271(a), Raritan has infringed and is infringing at least
`
`claim 1 of the ‘067 patent by manufacturing, using, offering to sell, or selling, within the United
`
`States, and/or by importing into the United States, products, including but not limited to the
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`Raritan model DPSX12-15 and PX3-5902V PDUs.
`48.
`49.
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`Raritan’s infringing acts have caused damage to Server Technology.
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`Raritan will continue to infringe at least claim 1of the ‘067 patent unless
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`permanently enjoined by this Court. As a result of Raritan’s infringement, Server Technology
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`has suffered, and will continue to suffer, irreparable harm for which there is no adequate remedy
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`Case 3:15-cv-00330-MMD-WGC Document 14 Filed 06/29/15 Page 9 of 13
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`at law. Accordingly, Server Technology is entitled to permanent injunctive relief against such
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`infringement pursuant to 35 U.S.C. § 283.
`
`SIXTH CAUSE OF ACTION
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`(Infringement of the ‘291 patent)
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`50.
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`Server Technology incorporates by reference the allegations contained in the
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`paragraphs 1-26.
`51.
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`In violation of 35 U.S.C. § 271(a), Raritan has infringed and is infringing at least
`
`claim 1 of the ‘291 patent by manufacturing, using, offering to sell, or selling, within the United
`
`States, and/or by importing into the United States, products, including but not limited to the
`
`Raritan model PX3-5902V PDU.
`52.
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`In violation of 35 U.S.C. § 271(a), Raritan has infringed and is infringing at least
`
`claim 7 of the ‘291 patent by manufacturing, using, offering to sell, or selling, within the United
`
`States, and/or by importing into the United States, products, including but not limited to the
`
`Raritan model DPSX12-15 and PX3-5902V PDUs.
`53.
`54.
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`Raritan’s infringing acts have caused damage to Server Technology.
`
`Raritan will continue to infringe at least claims 1 and 7 of the ‘291 patent unless
`
`permanently enjoined by this Court. As a result of Raritan’s infringement, Server Technology
`
`has suffered, and will continue to suffer, irreparable harm for which there is no adequate remedy
`
`at law. Accordingly, Server Technology is entitled to permanent injunctive relief against such
`
`infringement pursuant to 35 U.S.C. § 283.
`
`SEVENTH CAUSE OF ACTION
`
`(Infringement of the ‘106 patent)
`
`55.
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`Server Technology incorporates by reference the allegations contained in the
`
`paragraphs 1-26.
`56.
`
`In violation of 35 U.S.C. § 271(a), Raritan has infringed and is infringing at least
`
`claim 1 of the ‘106 patent by manufacturing, using, offering to sell, or selling, within the United
`
`States, and/or by importing into the United States, products, including but not limited to the
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`Raritan model DPSX12-15 and PX3-5902V PDUs.
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`Case 3:15-cv-00330-MMD-WGC Document 14 Filed 06/29/15 Page 10 of 13
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`57.
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`In violation of 35 U.S.C. § 271(a), Raritan has infringed and is infringing at least
`
`claim 22 of the ‘106 patent by manufacturing, using, offering to sell, or selling, within the United
`
`States, and/or by importing into the United States, products, including but not limited to the
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`Raritan model DPSX12-15 PDU.
`58.
`59.
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`Raritan’s infringing acts have caused damage to Server Technology.
`
`Raritan will continue to infringe at least claims 1 and 22 of the ‘106 patent unless
`
`permanently enjoined by this Court. As a result of Raritan’s infringement, Server Technology
`
`has suffered, and will continue to suffer, irreparable harm for which there is no adequate remedy
`
`at law. Accordingly, Server Technology is entitled to permanent injunctive relief against such
`
`infringement pursuant to 35 U.S.C. § 283.
`
`EIGHTH CAUSE OF ACTION
`
`(Infringement of the ‘134 patent)
`
`60.
`
`Server Technology incorporates by reference the allegations contained in the
`
`paragraphs 1-26.
`61.
`
`In violation of 35 U.S.C. § 271(a), Raritan has infringed and is infringing at least
`
`claims 1 and 9 of the ‘134 patent by manufacturing, using, offering to sell, or selling, within the
`
`United States, and/or by importing into the United States, products, including but not limited to
`
`the Raritan model DPSX12-15 and PX3-5902V PDUs.
`62.
`
`In violation of 35 U.S.C. § 271(a), Raritan has infringed and is infringing at least
`
`claim 22 of the ‘134 patent by manufacturing, using, offering to sell, or selling, within the United
`
`States, and/or by importing into the United States, products, including but not limited to the
`
`Raritan model PX3-5902V PDU.
`63.
`64.
`
`Raritan’s infringing acts have caused damage to Server Technology.
`
`Raritan will continue to infringe or induce the infringement of at least claims 1, 9
`
`and 22 of the ‘134 patent unless permanently enjoined by this Court. As a result of Raritan’s
`
`infringement, Server Technology has suffered, and will continue to suffer, irreparable harm for
`
`which there is no adequate remedy at law. Accordingly, Server Technology is entitled to
`
`permanent injunctive relief against such infringement pursuant to 35 U.S.C. § 283.
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`Case 3:15-cv-00330-MMD-WGC Document 14 Filed 06/29/15 Page 11 of 13
`
`
`NINTH CAUSE OF ACTION
`
`(Infringement of the ‘689 patent)
`
`65.
`
`Server Technology incorporates by reference the allegations contained in the
`
`paragraphs 1-26.
`66.
`
`In violation of 35 U.S.C. § 271(a), Raritan has infringed and is infringing at least
`
`claim 1 of the ‘689 patent by manufacturing, using, offering to sell, or selling, within the United
`
`States, and/or by importing into the United States, products, products, including but not limited
`
`to the Raritan model DPSX12-15 and PX3-5902V PDUs.
`67.
`68.
`
`Raritan’s infringing acts have caused damage to Server Technology.
`
`Raritan will continue to infringe or induce the infringement of at least claim 1 of
`
`the ‘689 patent unless permanently enjoined by this Court. As a result of Raritan’s infringement,
`
`Server Technology has suffered, and will continue to suffer, irreparable harm for which there is
`
`no adequate remedy at law. Accordingly, Server Technology is entitled to permanent injunctive
`
`relief against such infringement pursuant to 35 U.S.C. § 283.
`
`TENTH CAUSE OF ACTION
`
`(Infringement of the ‘272 patent)
`
`69.
`
`Server Technology incorporates by reference the allegations contained in the
`
`paragraphs 1-26.
`70.
`
`In violation of 35 U.S.C. § 271(a), Raritan has infringed and is infringing at least
`
`claim 1 of the ‘272 patent by manufacturing, using, offering to sell, or selling, within the United
`
`States, and/or by importing into the United States, products, including but not limited to the
`
`Raritan model DPSX12-15 and PX3-5902V PDUs.
`71.
`72.
`
`Raritan’s infringing acts have caused damage to Server Technology.
`
`Raritan will continue to infringe at least claim 1 of the ‘272 patent unless
`
`permanently enjoined by this Court. As a result of Raritan’s infringement, Server Technology
`
`has suffered, and will continue to suffer, irreparable harm for which there is no adequate remedy
`
`at law. Accordingly, Server Technology is entitled to permanent injunctive relief against such
`
`infringement pursuant to 35 U.S.C. § 283.
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`Case 3:15-cv-00330-MMD-WGC Document 14 Filed 06/29/15 Page 12 of 13
`
`
`ELEVENTH CAUSE OF ACTION
`
` (Infringement of the ‘737 patent)
`
`73.
`
`Server Technology incorporates by reference the allegations contained in the
`
`paragraphs 1-26.
`74.
`
`In violation of 35 U.S.C. § 271(a), Raritan has infringed and is infringing at least
`
`claim 1 of the ‘737 patent by manufacturing, using, offering to sell, or selling, within the United
`
`States, and/or by importing into the United States, products, including but not limited to the
`
`Raritan model DPSX12-15 and PX3-5902V PDUs.
`75.
`76.
`
`Raritan’s infringing acts have caused damage to Server Technology.
`
`Raritan will continue to infringe at least claim 1 of the ‘737 patent unless
`
`permanently enjoined by this Court. As a result of Raritan’s infringement, Server Technology
`
`has suffered, and will continue to suffer, irreparable harm for which there is no adequate remedy
`
`at law. Accordingly, Server Technology is entitled to permanent injunctive relief against such
`
`infringement pursuant to 35 U.S.C. § 283.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, plaintiff Server Technology requests entry of judgment in its favor and
`
`against Defendant Raritan as follows:
`
`A.
`
`B.
`
`was willful;
`
`A determination that Raritan has infringed each of the Server Technology Patents;
`
`A determination that Raritan’s infringement of at least the ‘543 and ‘771 patents
`
`C.
`
`Issuance of a permanent injunction enjoining Raritan, its agents, officers, assigns,
`
`and all others acting in concert with Raritan from infringing, or inducing or contributing to the
`
`infringement of, the Server Technology Patents;
`
`D.
`
`An award of damages to compensate Server Technology for Raritan’s
`
`infringement, and an award of treble damages pursuant to 35 U.S.C. § 284;
`
`E.
`
`A finding that this case is exceptional under 35 U.S.C. § 285 and an award of
`
`attorney fees incurred by Server Technology in connection with this action;
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`Case 3:15-cv-00330-MMD-WGC Document 14 Filed 06/29/15 Page 13 of 13
`
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`F.
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`An award of pre-judgment interest and post- judgment interest on the damages
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`awarded;
`
`G.
`
`Such other and further relief as the Court deems just and proper.
`
`JURY DEMAND
`
`
`
`Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Server Technology hereby
`
`demands a trial by jury of all issues so triable.
`
`HOLLAND & HART LLP
`
`
`
`
`/s/ James E. Hartley
`James E. Hartley (pro hac vice)
`HOLLAND & HART LLP
`555 Seventeenth Street, Suite 3200
`Denver, CO 80202-3979
`jhartley@hollandhart.com
`
`Donald A. Degnan (pro hac vice)
`Timothy P. Getzoff (pro hac vice)
`HOLLAND & HART LLP
`1800 Broadway, Suite 300
`Boulder, CO 80302
`ddegnan@hollandhart.com
`tgetzoff@hollandhart.com
`
`Matthew B. Hippler
`Nevada Bar No. 7015
`HOLLAND & HART LLP
`5441 Kietzke Lane
`Second Floor
`Reno, NV 89511
`mhippler@hollandhart.com
`
`Christopher G. Hanewicz (pro hac vice)
`PERKINS & COIE LLP
`One East Main Street, Suite 201
`Madison, WI 53703-5118
`chanewicz@perkinscoie.com
`
`Michael R. Henson (pro hac vice)
`PERKINS & COIE LLP
`1900 Sixteenth Street, Suite 1400
`Denver, CO 80202
`mhenson@perkinscoie.com
`
`Attorneys for Plaintiff
`Server Technology, Inc.
`
`DATED June 29, 2015.
`
`
`6309757_7
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