Sparkasse Complaint

Case 6:16-cv-01199
Document 1
Filed 06/23/16
Page 1 of 14
Darien S. Loiselle, OSB #925796

Email: dloiselle@schwabe.com
Stephanie Holmberg, OSB #082925
Email: sholmberg@schwabe.com
SCHWABE, WILLIAMSON & WYATT, P.C.
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: 503.222.9981
Facsimile: 503.796.2900
Attorneys for Plaintiff Sparkasse
Bregenz Bank AG
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON
EUGENE DIVISION
SPARKASSE BREGENZ BANK, AG,

Plaintiff,
Case No. 6:16-cv-1199

COMPLAINT
vs.
JC-BIOMETHANE, LLC; ESSENTIAL
CONSULTING OREGON LLC; and
DEAN FOOR,
Defendants.
COMES NOW Sparkasse Bregenz Bank AG (Sparkasse or Plaintiff), and files this
Complaint against JC-Biomethane, LLC (JCB), Essential Consulting Oregon, LLC (ECO)
and Dean Foor (FOOR) (collectively, Defendants), showing the Court as follows:
INTRODUCTION
1.
This is an action for copyright infringement, violations of the Digital Millennium
Copyright Act and Computer Fraud and Abuse Act, misappropriation of trade secrets,
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COMPLAINT
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Attorneys at Law
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900
Case 6:16-cv-01199
Document 1
Filed 06/23/16
Page 2 of 14
conversion, breach of contract, quantum meruit, and breach of duty of good faith and fair dealing
that arises from Entec Biogas GmbH (Entec)s agreement to engineer, procure, and
construction a bio-methane plant for JCB.
PARTIES
2.
Entec is an Austrian corporation that specializes in the design and construction of
biogas fueled energy facilities.

3.
Sparkasse Bregenz Bank AG is an Austrian bank that provided commercial loans
to Entec and which has taken an assignment of Entecs claims in this matter.
4.
JC-Biomethane, LLC is a limited liability company organized under the laws of
the State of Oregon with its principal place of business in Junction City, Oregon. Service of
process on JCB may be obtained by serving its registered agent Mike Arnold, 401 East Tenth
Avenue, Suite 400, Eugene, OR 97401.
5.
Essential Consulting Oregon, LLC is a limited liability company organized under
the laws of the State of Oregon with it principal place of business in Eugene, Oregon. Service of
process on ECO may be obtained by serving its registered agent Dean C. Foor, 1543 W. 24th
Place, Eugene, OR 97405.
6.
FOOR is a resident of the state of Oregon, and at all relevant times was a member
of ECO. Upon information and belief, FOOR also served as the chief executive officer of JCB
until JCB fired him in or about June of 2014. Service of process on FOOR may be obtained by
serving him at his residence at 259 WALNUT DR S, MONMOUTH, OR 97361.
JURISDICTION AND VENUE
7.
This Court has subject matter jurisdiction over this action pursuant to 15 U.S.C.
1121(a), 17 U.S.C. 501 and 28 U.S.C. 1331, 1338 and 1367.

8.
Venue is proper in this Court under 28 U.S.C. 1391(b)(1), as JCB and ECO
have their principal places of business located within this District, and FOOR resides within this
District.
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COMPLAINT
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Attorneys at Law
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900
Case 6:16-cv-01199
Document 1
Filed 06/23/16
Page 3 of 14
FACTUAL BACKGROUND
9.
The averments set forth in Paragraphs 1 through 8 above are incorporated herein
by reference.
10.
Prior to April 22, 2012, JCB decided to build a biogas energy facility in Junction
City, Oregon. Upon information and belief, JCB decided to use pre-consumer food waste as a
feedstock for the plant, so as to receive certain tax credits or other incentives or subsidies
available to users of that waste stream.
11.
On or about April 22, 2012, JCB entered into an Engineering, Procurement and
Construction Agreement (EPC Contract) with Entec for the design, procurement, and
construction of the bio-energy facility in Junction City, Oregon (the Project). A true and
correct copy of the EPC Contract, without voluminous incorporated documents, is attached
hereto as Exhibit A.
12.
Section 19 of the EPC Contract provides that [e]ntire drawings, sketches,
calculations, documents and information which have been and will be supplied (the
Documents) (herein Design Documents) are the intellectual property of [Entec] and will
remain in the copyright of [Entec]. [JCB] is allowed to use the [Design] Documents only with
written permission from [Entec].
13.
Sparkasse provided loans to Entec for the design and construction of the Project.
14.
Upon information and belief, after JCB entered the EPC Contract, JCB, acting
through ECO, FOOR, and/or other representatives, learned that the tax credit or subsidies for
users of pre-consumer food waste would not be available for the Project. As a result, JCB, acting
through ECO, FOOR, and/or other representatives, directed Entec to change the design of the
Project to use post-consumer food waste, instead of pre-consumer food waste, as the feedstock
for the Project, resulting in additional cost to Entec and delaying completion of the Project.
15.
JCB, acting through ECO, FOOR and/or other representatives directed Entec to
make other changes in the design or construction of the Project, and JCB failed to timely pay
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COMPLAINT
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Attorneys at Law
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900
Case 6:16-cv-01199
Document 1
Filed 06/23/16
Page 4 of 14
Entec for work it performed, which resulted in additional costs to Entec and delayed completion
of the Project.
16.
The Project began generating electrical power in the summer of 2013.
17.
The Project achieved mechanical completion in the fall of 2013.
18.
Entec substantially performed its obligations under the EPC Contract; however,
JCB has failed to pay Entec for the work it performed and for the additional costs caused by
JCBs breaches of the EPC Contract and its changes to Project.
19.
Entec demanded payment from JCB of amounts due and owing under the EPC
Contract.
20.
JCB has failed and refused to pay Entec the amounts that were due and owing to
Entec under the EPC Contract.

21.
On or about January 23, 2013 Entec and Ormatic GmbH (Ormatic) entered into
a subcontract for the development and supply of a Software Program titled Automated Control
System Software for Junction City integrating a human-machine interface Human Machine
Interface (HMI) and Programmable Logic Controller (PLC) (collectively referred to as the
Software Program) to run the Project.
22.
Ormatic prevented the modification or manipulation of the Software Program by
JCB and third-parties by creating access to the Software Program via a password known only to
a few developers at Ormatic. Neither Ormatic nor Entec provided the password to JCB, FOOR,
or ECB at any point in time.
23.
In an email from FOOR to Stefan Schmoranzer of Ormatic dated February 12,
2014, FOOR indicates that JCB accessed the Software Program, albeit without the password or
authorization by Entec or Ormatic, when he writes, Further, the code is written in German-lish
[sic] and in a manner to intentionally create dependency and with a multitude of relic code.
Email attached as Exhibit B.
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COMPLAINT
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Attorneys at Law
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900
Case 6:16-cv-01199
24.
Document 1
Filed 06/23/16
Page 5 of 14
Upon information and belief, JCB, ECB, and FOOR accessed the Software
Program and modified or manipulated it (Unauthorized Modifications), causing damage to or

otherwise disabling parts of the Software Program.
25.
JCBs failure to pay Entec for the installation of the Software Program, the
Unauthorized Modifications to the Software Program, and JCBs ongoing operation of the
Project and use of the Software Program without having paid Entec for a license to use the
Software Program, have damaged Entec in an amount exceeding $5,000.
26.
Entec instituted an Austrian insolvency proceeding to liquidate its business, due in
full or in substantial part to JCBs refusal and failure to pay Entec amounts due under the EPC
Contract.
27.
All conditions precedent to the filing of this action have occurred, have been
satisfied, and/or have been waived or excused.

FIRST CLAIM FOR RELIEF
(Copyright Infringement of the Software Program and Design Documents, 17 U.S.C. 501(a))
28.
The averments set forth in Paragraphs 1 through 27 above are incorporated herein
by reference.
29.
Ormatic is the author of the Software Program. Entec payed Ormatic for the right
to use the Software Program in connection with the Project, but Ormatic retained all copyrights
in the Software Program.
Without permission or license from Ormatic, Defendants prepared derivative works
within the United States based upon Ormatics copyrighted Software Program when they
modified the Software Program.
30.
The conduct of Defendants constitutes copyright infringement in violation of 17
U.S.C. 501.
31.
Defendants wrongful conduct has deprived Entec of its goodwill and has caused
harm to Entec.
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PDX\128073\200990\SHO\18575326.1

Attorneys at Law
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900
Case 6:16-cv-01199
32.
Document 1
Filed 06/23/16
Page 6 of 14
Defendants acts of copyright infringement are continuing and have been
committed willfully with knowledge of Entecs rights in the Software Program and the Design
Documents.
33.
Defendants infringed Entecs copyrights intentionally and with malice.
34.
On April 15, 2016, Ormatic assigned its copyright in and the right to sue for past
infringement of the Software Program to Sparkasse.

35.
On June 9, 2016, Sparkasse filed an application with the Register of Copyrights to
register the Software Program. A copy of the application is attached as Exhibit C.

36.
Plaintiff has suffered damages as a proximate result of the infringements by
Defendants.
37.
Plaintiff is entitled to recover from Defendants statutory damages, or the damages
it has suffered and any additional profits the Defendants obtained as a result of their wrongful
acts as hereinabove alleged pursuant to 17 U.S.C. 504.
SECOND CLAIM FOR RELIEF
(Circumvention of Copyright Protection Systems, 17 U.S.C. 1201(a))
38.
The averments set forth in Paragraphs 1 through 27 are incorporated herein by
reference.
39.
Ormatics copyrighted Software Program was password protected.
40.
Neither Plaintiff, Ormatic, nor Entec provided Defendants with use of the
password to access the protected work at any point in time.

41.
Without permission or license from Plaintiff, Ormatic, or Entec, Defendants
hacked into Entecs computer systems to access Ormatics Software Program and modify the
Software Program.
42.
The conduct of Defendants constitutes circumvention of copyright protections
systems in violation of 17 U.S.C. 1201(a).
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COMPLAINT
PDX\128073\200990\SHO\18575326.1

Attorneys at Law
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900
Case 6:16-cv-01199
43.
Document 1
Filed 06/23/16
Page 7 of 14
Defendants wrongful conduct has deprived Entec and Ormatic of its goodwill
and has caused harm to Entec and Ormatic.

44.
Defendants circumvention of the copyright protection system of the Software
Program was committed willfully with knowledge of Entecs and Ormatics rights in and
protection of the Software Program.
45.
Defendants circumvention of the copyright protection system of the Software
Program was committed intentionally and with malice.

46.
Ormatic and Entec suffered damages as a proximate result of Defendants
circumvention of the copyright protection system, including the destruction of Entecs business.
47.
On April 15, 2016, Ormatic assigned its copyright in and the right to sue for past
infringement of the Software Program to Sparkasse.

48.
Plaintiff Sparkasse provided the commercial loans to Entec and has taken an
assignment of Entecs claims in this matter.

49.
Plaintiff is entitled to recover from Defendants statutory damages, or the damages
Entec and Ormatic have suffered and any additional profits the Defendants obtained as a result of
their wrongful acts as hereinabove alleged pursuant to 17 U.S.C. 1203.
50.
Additionally, Plaintiff requests this Court to provide for the recovery of costs
and/or award reasonable attorneys fees pursuant to 17 U.S.C. 1203(b)(4) and 17 U.S.C.
1203(b)(5).
THIRD CLAIM FOR RELIEF
(Computer Fraud and Abuse Act, 18 U.S.C. 1030, 1030(g))
51.
reference.
52.
At all times relevant hereto, Entecs computer system was routinely involved in
sending and receiving electronic communications in interstate commerce. As such, Entecs
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COMPLAINT
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Attorneys at Law
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900
Case 6:16-cv-01199
Document 1
Filed 06/23/16
Page 8 of 14
computer system constitutes a protected computer within the meaning of 18 U.S.C.

1030(e)(2)(B).
53.
Ormatics copyrighted Software Program was maintained on Entecs computer
system.
54.
Defendants intentionally accessed Entecs protected computer system and used
such access to obtain information from Entecs protected computers that Defendants were not
entitled to obtain.
Defendants access was without authorization or exceeded authorized
access, as that term is defined in 18 U.S.C. 1030(e)(6).

55.
By their conduct, Defendants obtained information and caused loss to Entec and
Ormatic in violation of 18 U.S.C. 1030(a)(2)(C) and 1030(a)(5)(C).

56.
Defendants recklessly caused damage to Entec and Ormatic in violation of 18
U.S.C. 1030(a)(5)(B) by modifying the Software Program.

57.
As the direct result of the conduct of Defendants, Entec has incurred reasonable
costs to respond to the unauthorized access of its computer system and the theft of the
information thereon, to conduct a damage assessment, and other consequential damages and
losses incurred thereby, in an aggregate amount exceeding $5,000.
58.

59.
Pursuant to 18 U.S.C. 1030(g), Plaintiff is entitled to recover from the
Defendants the damages Entec has suffered, as well as gains, profits, advantages, and unjust
enrichment Defendants have obtained as a result of their wrongful acts as hereinabove alleged.
Plaintiff is presently unable to ascertain the full extent of these damages, gains, profits,
advantages, and unjust enrichment.
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COMPLAINT
PDX\128073\200990\SHO\18575326.1

Attorneys at Law
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900
Case 6:16-cv-01199
Document 1
Filed 06/23/16
Page 9 of 14
FOURTH CLAIM FOR RELIEF

(Misappropriation of Trade Secrets, OR. REV. STAT. 646.461 646.475)
60.
reference.
61.
The Software Program itself and much of the content within the Software
Program is non-public information which derives actual or potential economic value from not
being generally known nor readily ascertainable by proper means by other persons who can
obtain economic value from its disclosure or use.
62.
Entec took reasonable steps to protect the confidentiality of the Software Program
and much of the content within the Software Program, and treated such information as
confidential and proprietary.
63.
The Software Program and much of the content within constitute trade secrets
under Oregon law.

64.
Defendants misappropriated Entecs trade secrets by accessing, using, and/or
disclosing such trade secrets to an unauthorized person or persons.

65.
Defendants acted with the intent to deprive Entec of the exclusive use of its trade
secrets, and/or to appropriate Entecs trade secrets to their own use or to the use of another.
66.

67.
By stealing Entecs trade secrets, Defendants have caused damage and loss to
Entec which damages and losses Plaintiff is entitled to recover. Defendants misappropriation of
Entecs trade secrets has been willful and malicious as a result of which, pursuant to OR. REV.
STAT. 646.465(3) and 646.467, Plaintiff is entitled to recover punitive damages in an amount
equal to twice the award made pursuant to OR. REV. STAT. 646.465(1) and (2), and attorney fees
respectively.
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Attorneys at Law
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900
Case 6:16-cv-01199
68.
Document 1
Filed 06/23/16
Page 10 of 14
Plaintiff is also entitled to recover from Defendants the damages Entec suffered,
as well as the gains, profits, advantages, and unjust enrichment the Defendants have obtained as
a result of their wrongful acts as hereinabove alleged. Plaintiff is currently unable to ascertain
the full extent of these damages, gains, profits, advantages, and unjust enrichment.
69.
Alternatively, if this Court finds that Plaintiffs damages or Defendants gains,
profits, advantages, and unjust enrichment are not adequately proven, Plaintiff is entitled to a
reasonable royalty pursuant to OR. REV. STAT. 646.463(2).
FIFTH CLAIM FOR RELIEF
(Conversion, 22A OF RESTATEMENT (SECOND) OF TORTS )
70.
reference.
71.
Entec is the owner of its Design Documents.
72.

73.
Sparkasse is the owner of the Software Program and the content within the
Software Program.
74.
Defendants exercised dominion and control over Sparkasses property, including
the Design Documents and the Software Program, to the exclusion of, or inconsistent with,
Sparkasses rights.
75.
Plaintiff has been damaged as a result of Defendants actions.
76.
Plaintiff is entitled to recover from Defendants the damages it has suffered, as
well as the gains, profits, advantages, and unjust enrichment the Defendants have obtained as a
result of their wrongful acts as hereinabove alleged. Plaintiff is currently unable to ascertain the
full extent of these damages, gains, profits, advantages, and unjust enrichment.
77.
Plaintiff respectfully requests that this Court also award reasonable attorneys fees
and costs incurred by Plaintiff in bringing this action.

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Attorneys at Law
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900
Case 6:16-cv-01199
Document 1
Filed 06/23/16
Page 11 of 14
SIXTH CLAIM FOR RELIEF

(Breach of Contract)
78.
reference.
79.
JCB and Entec entered into the EPC Contract for the design and construction of
the Project.
80.
JCB breached the EPC Contract when (1) JCB failed to pay Entec amounts owed
to Entec; (2) JCB used and/or allowed others to use the Design Documents without written
permission from Entec; (3) JCB made or allowed others to make the Unauthorized Modifications
to the Software; and (4) JCBs ongoing operation of the Project and use of the Software Program
without having paid Entec for a license to use the Software Program.
81.

82.
As a result of these breaches, Entec was damaged in an amount to be proven at
trial, including the destruction of Entecs business, plus additional damages to be proven at trial,
including interest, costs, and reasonable attorneys fees. Sparkasse is entitled to recover these
damages.
SEVENTH CLAIM FOR RELIEF
(Quantum Meruit)
83.
reference.
84.
Entec performed valuable services in designing and constructing the Project, at
the direction and request of JCB.

85.
JCB unjustly failed and refused to compensate Entec for the services it performed,
even though JCB knew that Entec expected compensation when it performed the services.
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COMPLAINT
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Attorneys at Law
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900
Case 6:16-cv-01199
86.
Document 1
Filed 06/23/16
Page 12 of 14

87.
As a result of the failure and refusal of JCB to compensate Entec, Entec has
suffered losses, costs, and damages in an amount to be proven at trial, plus interest, costs and
attorneys fees, to which Sparkasse is entitled.
EIGHTH CLAIM FOR RELIEF
(Breach of Duty of Good Faith and Fair Dealing)
88.
reference.
89.
JCB had a duty to Entec to perform and enforce the contract in good faith.
90.
JCB breached this duty by, among other things, (1) making changes to the Project
without paying Entec for the cost of those changes; (2) asserting claims to Entecs copyrights
and other intellectual property; (3) claiming to have designed the plant even though Entec
designed most of the plant; (4) refusing to pay Entec amounts due to it; (5) making the
Unauthorized Modifications; (6) operating the Project and using of the Software Program
without having paid Entec for a license to use the Software Program; and (7) asserting inflated
and non-meritorious claims and set-offs against Entec and the amounts owed to Entec.
91.

92.
As a direct and proximate result of these breaches, Entec was damaged in an
amount to be proven at trial, including the destruction of its business, interest, costs, and
reasonable attorneys fees, to which Sparkasse is entitled.
WHEREFORE, Sparkasse prays that this Court grant judgment in its favor and against
the Defendants:
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Attorneys at Law
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900
Case 6:16-cv-01199
1.
Document 1
Filed 06/23/16
Page 13 of 14
On Plaintiffs First Claim for Relief, in an amount to be proven at trial, plus
additional damages to be proven at trial totaling a minimum of $2,000,000, together with

interest, costs, and reasonable attorneys fees;
2.
On Plaintiffs Second Claim for Relief, in an amount to be proven at trial, plus

3.
On Plaintiffs Third Claim for Relief, in an amount to be proven at trial, plus

4.
On Plaintiffs Fourth Claim for Relief, in an amount to be proven at trial, plus

5.
On Plaintiffs Fifth Claim for Relief, in in an amount to be proven at trial, plus

6.
On Plaintiffs Sixth Claim for Relief, in an amount to be proven at trial, plus

7.
On Plaintiffs Seventh Claim for Relief, in an amount to be proven at trial, plus

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COMPLAINT
PDX\128073\200990\SHO\18575326.1

Attorneys at Law
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900
Case 6:16-cv-01199
8.
Document 1
Filed 06/23/16
Page 14 of 14
On Plaintiffs Eighth Claim for Relief, in an amount to be proven at trial, plus

interest, costs, and reasonable attorneys fees; and
9.
Any other affirmative relief that the Court deems necessary and just.
Dated this 23rd day of June, 2016.

Respectfully submitted,
By:
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COMPLAINT
PDX\128073\200990\SHO\18575326.1
/s/ Stephanie Holmberg

Darien S. Loiselle, OSB #925796
Stephanie Holmberg, OSB #082925
Telephone: 503.222.9981
Facsimile: 503.796.2900
Of Attorneys for Plaintiff Sparkasse
Bregenz Bank AG

Attorneys at Law
Portland, OR 97204
Telephone: 503.222.9981
Fax: 503.796.2900

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Case 6:16-cv-01199

Darien S. Loiselle, OSB #925796

IN THE UNITED STATES DISTRICT COURT

SPARKASSE BREGENZ BANK, AG,

Case No. 6:16-cv-1199

This is an action for copyright infringement, violations of the Digital Millennium

SCHWABE, WILLIAMSON & WYATT, P.C.

Entec is an Austrian corporation that specializes in the design and construction of

biogas fueled energy facilities.

Sparkasse Bregenz Bank AG is an Austrian bank that provided commercial loans

JC-Biomethane, LLC is a limited liability company organized under the laws of

Essential Consulting Oregon, LLC is a limited liability company organized under

1121(a), 17 U.S.C. 501 and 28 U.S.C. 1331, 1338 and 1367.

SCHWABE, WILLIAMSON & WYATT, P.C.

Section 19 of the EPC Contract provides that [e]ntire drawings, sketches,

SCHWABE, WILLIAMSON & WYATT, P.C.

The Project began generating electrical power in the summer of 2013.

The Project achieved mechanical completion in the fall of 2013.

Entec under the EPC Contract.

Ormatic prevented the modification or manipulation of the Software Program by

In an email from FOOR to Stefan Schmoranzer of Ormatic dated February 12,

SCHWABE, WILLIAMSON & WYATT, P.C.

Program and modified or manipulated it (Unauthorized Modifications), causing damage to or

Entec instituted an Austrian insolvency proceeding to liquidate its business, due in

satisfied, and/or have been waived or excused.

The conduct of Defendants constitutes copyright infringement in violation of 17

SCHWABE, WILLIAMSON & WYATT, P.C.

Defendants acts of copyright infringement are continuing and have been

Defendants infringed Entecs copyrights intentionally and with malice.

infringement of the Software Program to Sparkasse.

On June 9, 2016, Sparkasse filed an application with the Register of Copyrights to

register the Software Program. A copy of the application is attached as Exhibit C.

Plaintiff has suffered damages as a proximate result of the infringements by

Plaintiff is entitled to recover from Defendants statutory damages, or the damages

The averments set forth in Paragraphs 1 through 27 are incorporated herein by

Ormatics copyrighted Software Program was password protected.

password to access the protected work at any point in time.

Without permission or license from Plaintiff, Ormatic, or Entec, Defendants

The conduct of Defendants constitutes circumvention of copyright protections

systems in violation of 17 U.S.C. 1201(a).

SCHWABE, WILLIAMSON & WYATT, P.C.

and has caused harm to Entec and Ormatic.

Defendants circumvention of the copyright protection system of the Software

Defendants circumvention of the copyright protection system of the Software

Program was committed intentionally and with malice.

Ormatic and Entec suffered damages as a proximate result of Defendants

infringement of the Software Program to Sparkasse.

assignment of Entecs claims in this matter.

Plaintiff is entitled to recover from Defendants statutory damages, or the damages

The averments set forth in Paragraphs 1 through 27 are incorporated herein by

sending and receiving electronic communications in interstate commerce. As such, Entecs

SCHWABE, WILLIAMSON & WYATT, P.C.

computer system constitutes a protected computer within the meaning of 18 U.S.C.

Ormatics copyrighted Software Program was maintained on Entecs computer

Defendants intentionally accessed Entecs protected computer system and used

Defendants access was without authorization or exceeded authorized

access, as that term is defined in 18 U.S.C. 1030(e)(6).

Ormatic in violation of 18 U.S.C. 1030(a)(2)(C) and 1030(a)(5)(C).

Defendants recklessly caused damage to Entec and Ormatic in violation of 18

U.S.C. 1030(a)(5)(B) by modifying the Software Program.

assignment of Entecs claims in this matter.

Pursuant to 18 U.S.C. 1030(g), Plaintiff is entitled to recover from the

SCHWABE, WILLIAMSON & WYATT, P.C.

FOURTH CLAIM FOR RELIEF