28. e.Digital is entitled to recover the damages caused by or the profits derived from digEcor’s breach of confidentiality in an amount to be established at trial.

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36. e.Digital is entitled to damages of both the actual loss caused by digEcor’s misappropriation and digEcor’s unjust enrichment resulting from that misappropriation or, in the alternative, for a reasonable royalty for digEcor’s misappropriation pursuant to Utah Code Ann. § 13-24-4(1).

37. digEcor’s misappropriation was willful and malicious, thereby entitling e.Digital to an award of exemplary damages in an amount not exceeding twice any damages awarded pursuant to the preceding paragraph as well as attorney’s fees pursuant to Utah Code Ann. §§ 13-24-4(2), 5.

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42. digEcor has derived substantial revenues from markets, customers and services and has never accounted for revenues from which e.Digital is entitled to receive revenue sharing payments.

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45. e.Digital is entitled to damages for digEcor’s breach of its duty to negotiate in good faith.

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45. digEcor has made repeated harassing contacts with e.Digital customers and business associates making misrepresentations regarding e.Digital’s ability to serve the customers, the meaning of rulings made by this Court, and the stability of e.Digital’s business.

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PRAYER FOR RELIEF

Wherefore, e.Digital prays for judgment against digEcor as follows:

1. Dismissing each and every claim in digEcor’s Complaint, with a declaration that digEcor take nothing against e.Digital thereunder;

2. Declaring that e.Digital is not in breach of any agreements with or any rights of digEcor, or is enjoined from marketing its eVU design in any market (as further explained above);

3. Awarding damages to e.Digital for digEcor’s breach of its agreements of confidentiality;

4. Awarding e.Digital damages for digEcor’s misappropriation of e.Digital’s trade secrets;

5. Enjoining digEcor’s manufacture or sale of their next generation digEplayer XT;

6. Awarding damages to e.Digital for digEcor’s breach of its duty to negotiate in good faith;

7. Enjoining digEcor’s tortious interference with e.Digital’s existing and prospective economic relations;

8. Awarding damages to e.Digital for digEcor’s tortious interference with e.Digital’s existing and prospective economic relations;

9. Enjoining digEcor’s defamatory statements;

10. Awarding damages to e.Digital for digEcor’s defamatory statements;

11. Declaring that digEcor shall indemnify e.Digital for any liability to e.Digital that might arise from digEcor’s use of unlicensed technology in its media players.

12. Awarding punitive or exemplary damages to e.Digital;

13. Awarding e.Digital its costs and attorneys’ fees incurred herein; and

14. For such other and further relief as the Court deems is just and proper.