WHEREFORE, counterclaim-plaintiff IBM prays that this Court enter judgment on the counterclaims in favor of IBM and against SCO:
(a) awarding IBM compensatory damages;
(b) awarding damages pursuant to 15 U.S.C. § 11 17(a);
(c) awarding IBM punitive damages;
(d) granting IBM treble damages pursuant to 35 U.S.C. § 284;
(e) granting IBM declaratory relief, ruling that SCO has violated IBM' s rights as outlined above;
(f) granting IBM injunctive relief, enjoining and restraining SCO and its affiliates, subsidiaries, officers, agents, servants, employees, attorneys, successors and assigns and all others persons acting in concert with them from further violating IBM's rights as described above, including in particular from (i) misrepresenting SCO's rights and IBM's rights to UNIX technology, such as that SCO can, will or has in fact revoked IBM's right to use UNIX; (ii) misrepresenting that IBM no longer has the right, authority and license to use, produce and distribute AIX and IBM's Linux-related products; (iii) publishing false and disparaging statements about AIX and IBM's Linux-related products; (iv) engaging in further acts of unfair competition; (v) claiming ownership rights over code made available under the GPLI (vi) collecting license fees with respect to code made available under the GPL and (vii) further infringement or inducement of infringement of the '746, '211, '209, '785 Patents;
(g) awarding IBM costs, expenses and reasonable attorneys fees pursuant to 35 U.S.C. § 285, 15 U-S-C- § 11 17(a), § 13-24-5 of the Utah Uniform Trade Secrets Act, and N-Y. Gen. Bus. Law § 349(h);
(h) awarding IBM pre- and post-judgment interest on the damages caused to IBM as a result of all wrongful acts alleged herein; and
(l) granting IBM such other and further relief as this Court deems just and proper, including costs, disbursements and reasonable attorneys' fees.
