SEVENTH CAUSE OF ACTION. To Pay Wages When Due
SEVENTH CAUSE OF ACTION. 11 Declaratory Judgment of Non-Infringement or Invalidity 12 of Newly Asserted Patents Against Both Defendants
13 70. Lotes realleges and incorporates by reference the allegations in paragraphs 14 1-69 above as if fully set forth herein.
15 71. On information and belief, the rights in the '316 patent, the '791 patent, the 16 '798 patent, the '353 patent, the '075 patent, the '211 patent, the '398 patent, and the '717 patent 17 (the “Newly Asserted Patents”) have been assigned to Hon Hai.
18 72. Lotes has made, used, offered for sale, sold, and/or imported, within the 19 past six years and since the issuance of the Newly Asserted Patents, certain products that 20 Defendants assert come within the scope of these patents. These products include the 989(sktG), 21 1156/1366(skts B/H), SODDR, and AM3(941) products. Defendants have charged Lotes with 22 infringement of the Newly Asserted Patents by reason of these products. These products do not 23 come within the scope of any of the claims of the Newly Asserted Patents, either literally or under 24 the doctrine of equivalents. Lotes has not infringed and is not infringing any valid claim of the 25 Newly Asserted Patents.
26 73. Defendants have demanded the extraordinary and commercially 27 unreasonable compensation as a condition of licensing the Newly Asserted Patents to Lotes.
1 74. Moreover, one or more of the Newly Asserted Patents are invalid. Lotes 2 has filed requests for reexamination and invalidation of the U.S. '316, '791, '798, '353, '075, '211, 3 '398 and '717 patents (i.e., the Newly Asserted Patents). Hon Hai denies that any of these patents 4 are invalid, in whole or in part.
5 75. An actual, present, and direct controversy has arisen and now exists 6 between the parties concerning the infringement and validity of the claims of Newly Asserted
SEVENTH CAUSE OF ACTION. 18 Violation of California Unfair Competition Law – Cal. Bus. & Prof. Code 19 Section 17200 et seq. 20 (Against All Defendants) 21 189. Continental re-alleges and incorporates by reference the allegations set 22 forth in the foregoing paragraphs, as though fully set forth herein. 23 190. By the acts alleged herein, Defendants have engaged in unfair 24 competition within the meaning of the California Business and Professions Code 25 Section 17200 et seq. (the “UCL”), in that the conduct alleged herein, and each of 26 them, constitute unlawful, unfair or fraudulent business acts or practices as 27 proscribed by the UCL.
SEVENTH CAUSE OF ACTION. California Wage Laws – Unfair Competition California Business & Professions Code §§ 17200, et seq.
SEVENTH CAUSE OF ACTION. Defendants for Failure to Provide and Maintain Accurate and 25 Compliant Wage Records)
SEVENTH CAUSE OF ACTION. Failure to Furnish Timely and Accurate Wage Statements)
SEVENTH CAUSE OF ACTION. UNFAIR COMPETITION
SEVENTH CAUSE OF ACTION. Waiting Time Penalties – Labor Code §§ 201, et seq.)
