FIRST CAUSE OF ACTION. (For Declaratory Relief Against AIG) 286. Plaintiffs repeat and incorporate by reference the allegations set forth in Paragraphs 1 through 285 of this Complaint, inclusive, as though set forth fully herein.
FIRST CAUSE OF ACTION. 9 FAILURE TO REIMBURSE FOR BUSINESS EXPENSES [Cal. Labor Code section 2802] 10 On Behalf of Plaintiff and the Class Against Defendant
FIRST CAUSE OF ACTION. 24 (Breach Of Contract) 25 105. u-blox re-alleges and incorporates by reference the allegations set forth 26 in the foregoing paragraphs. 27 106. Sisvel and/or its predecessors-in-interest, i.e., the prior owners, entered 28 into contractual commitments with ETSI, 3GPP and their respective members, 1 participants, and implementers relating to the 2G, 3G, and 4G standards. As ETSI 2 members, and to comply with XXXX’s IPR Policy, Sisvel and/or the prior owners 3 made binding commitments to ETSI, ETSI members, and third party implementers 4 to disclose intellectual property rights relevant to the 2G, 3G, and 4G standards, and 5 to grant irrevocable licenses to the alleged SEPs at issue on FRAND terms and 6 conditions.
FIRST CAUSE OF ACTION. 1' Each and every allegation in Paragraphs I through IV, inclusive, above are 18 incorporated by this reference as if fully set forth herein.
FIRST CAUSE OF ACTION. VIOLATION OF THE TEXAS DECEPTIVE TRADE PRACTICES ACT (On Behalf of Plaintiffs and Other Class Members) 56. Plaintiffs and the other Class members incorporate all prior allegations of this Complaint as if set forth fully herein.
FIRST CAUSE OF ACTION. Breach of Contract (Against All Defendants) 5 142. Continental re-alleges and incorporates by reference the allegations set 6 forth in the foregoing paragraphs. 7 143. Defendants entered into, or are bound by, contractual commitments 8 they made to the relevant SSOs, such as ETSI, TIA, and/or ATIS, and their 9 respective members, participants, and implementers relating to the 2G, 3G, and 4G 10 standards. To comply with the IPR Policies of the relevant SSOs, Defendants either 11 made or are encumbered by a binding commitment to those SSOs, their members, 12 and third-party implementers to grant irrevocable licenses to any such user of 13 cellular standards purportedly covered by Defendants’ alleged SEPs on FRAND 14 terms and conditions.
FIRST CAUSE OF ACTION. 5 Declaratory Judgment of Non-Infringement of Licensed Patents 6 Against Both Defendants
FIRST CAUSE OF ACTION. (Violation of the Trust Indenture Act of 1939, 53 Stat. 1171)
