a notification on the packaging of the infringing products that such
products are not sponsored by Optigenex, do not contain AC-11
and stating that all prior statements to the contrary were false; and
iii. an offer to refund the purchase price for any infringing products
and advising the purchaser that products containing the genuine
AC-11/C-MED-100 extract may be purchased from Optigenex
and/or its authorized sellers.
e. awarding Optigenex damages for the defendants’ infringement of the
patents-in-suit pursuant to 35 U.S.C. § 284;
f. awarding Optigenex treble damages for defendants’ willful and intentional
infringement of the patents-in-suit pursuant to 35 U.S.C. § 284;
g. awarding Optigenex pre-judgment and post-judgment interest as
applicable by law;
h. awarding Optigenex its costs incurred in this action;
i. declaring this case “exceptional” under 35 U.S.C. § 285, and awarding
Optigenex its attorneys fees in this matter;
j. awarding Optigenex damages for Jeunesse’s and Giampapa’s unlawful
acts of unfair competition under (i) Section 43 of the Lanham Act, 15
U.S.C. § 1125(a); and (ii) the common laws of the State of Texas and
other States;