Diana M. Torres (S.B.N. 162284) diana.torres@kirkland.com Justin Singh (S.B.N. 226279) justin.singh@kirkland.com KIRKLAND & ELLIS LLP 333 South Hope Street Los Angeles, California 90071 Telephone: (213) 680-8400 Facsimile: (213) 680-8500 Attomeys for Plaintiff AWR Corporation 62:1 Rd A- ONVO! aad UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION AWR CORPORATION, a Delaware corporation, Plaintiff, vs. ZTE, CORPORATION, a Chinese corporation; ZTE USA, INC., a New Jersey Corporation, Defendants. “tVTO 5790, FE gt COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES FOR: 1. COPYRIGHT INFRINGEMENT; 2. CIRCUMVENTION OF COPYRIGHT PROTECTION SYSTEMS; 3. BREACH OF CONTRACTS 4. ACTUAL FRAI 5. UNFAIR COMPETITION; JURY TRIAL DEMANDED COMPLAINTFor its complaint, plaintiff AWR Corporation (“AWR”) alleges against defendants, ZTE Corporation (“ZTE Corp.”) and ZTE USA, Inc. (“ZTE USA”) (collectively, “ZTE”), as follows: 1. This is an action for copyright infringement, circumvention of copyright protection systems, breach of contract, fraud, and unfair competition, brought by a small but successful technology company against one of the largest telecom conglomerates in the world. THE PARTIES 2. Plaintiff AWR is a Delaware Corporation with its principal place of business located at 1960 East Grand Avenue, Suite 430, El Segundo, California 90245. AWR is in the business of developing, marketing and licensing software used in the design of integrated circuits and printed circuit boards (“PCBs”), in particular the high-frequency components of such integrated circuits and circuit boards. 3. On information and belief, defendant ZTE Corp. is a Chinese corporation with its principal place of business at Hi-Tech Road South, Hi-Tech Industrial Park, Nanshan District, Shenzhen, People’s Republic of China. ZTE Corp. has subsidiaries throughout the world, including in the United States. Upon information and belief, ZTE Corp. is in the business of designing, manufacturing, servicing and installing technologies in wireless, network switching, optical transmission, cellular telephone handsets, and telecommunications systems and software, including various wireless products and microwave frequency devices. According to its website, ZTE Corp. has a sales office at 2425 N. Central Expressway, Suite 600, Richardson, Texas 75080. On information and belief; ZTE Corp. is the ultimate parent company of ZTE USA. 4. On information and belief, defendant ZTE USA is a New Jersey corporation with its principal place of business at 2425 N. Central Expressway, Suite 323, Richardson, Texas 75080. Upon information and belief, ZTE USA is in the business of distributing ZTE products, as well as servicing and installing technologies in wireless, network switching, optical transmission, cellular telephone handsets, and ~ ~ 1telecommunications systems and software, including various wireless products and microwave frequency devices. Upon information and belief, ZTE USA also has a research and development unit. 5. On information and belief, ZTE Corp. and ZTE USA are alter egos of one another, acting as a single enterprise, and are agents for each other. Among other things, ZTE Corp.’s Chairman presides over ceremonies celebrating the acquisition of significant contracts by ZTE USA; ZTE USA’s Support website bears the ZTE Corp. logo; ZTE Corp. develops products for ZTE USA to sell in the United States; ZTE USA tests ZTE Corp.’s products for use in the United States and acts as the sales division for products developed by ZTE Corp.; and ZTE Corp.’s website lists the Texas location of ZTE USA as one of its global sales offices. JURISDICTION AND VENUE 6. This Court has subject matter jurisdiction pursuant to 17 U.S.C. § 501, et seq. (copyright infringement), 17 U.S.C. § 1201, et seq. (circumvention of copyright protection systems), and 28 U.S.C. §§ 1331 (federal question jurisdiction), 1338(a) and 1338(b). This Court has supplemental jurisdiction over the Third thru Fifth causes of action below, pursuant to 28 U.S.C. § 1367(a). This Court also has subject matter jurisdiction pursuant to 28 U.S.C. § 1332 as the plaintiff AWR is citizen of California and both defendants are citizens of a foreign state, and the amount in controversy exceeds $75,000. 7 Defendants are subject to personal jurisdiction in this Court based on continuous and systematic contacts within this judicial district because, upon information and belief, both ZTE USA and ZTE Corp. distribute and sell products in this judicial district. Furthermore, this Court has personal jurisdiction over ZTE Corp. pursuant to the terms of the software license agreement entered into by it with AWR. (“Software License Agreement”) in which ZTE Corp. specifically agreed that all disputes arising out of the agreement would be subject to the exclusive jurisdiction of the federal and state courts within Los Angeles County, California and that it 2.consented to the personal jurisdiction of those courts. 8. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b), (c) and (@) because a substantial amount of the events and injury occurred in this judicial district and Defendant is an alien corporation. 9. Venue is proper in this judicial district pursuant to the terms of the Software License Agreement and 28 U.S.C. §§ 1391(b), (c) and (d). BACKGROUND 10. AWR is a worldwide leader in high-frequency electronic design automation (“EDA”) software for wireless, high-speed wireline and electro-optical applications. AWR’s software solutions quicken the pace at which high-tech products like cellular phones and satellite communication systems are developed. AWR’s software aids the product development process by seamlessly integrating the high- frequency circuit and systems design methodology to a level not possible with other EDA solutions. AWR’s design solutions target IC, multi-chip module, and PCB implementations of electronic circuits and systems. AWR was founded in 1994, and began shipping its first commercial products in 1998. 11. AWR has developed, marketed and licensed a suite of software products called Microwave Office (hereafter “AWR Software”). The AWR Software provides circuit simulation with integrated electromagnetic (“EM”) analysis and circuit layout to provide a powerful tool for radio frequency (“RF”) and microwave engineering. As such, it is popular among companies in the high-tech wireless, aerospace, and military industries. Since its founding, AWR has expended considerable resources developing and updating its products so that they remain at the forefront of this cutting edge technology. 12. AWR licenses these products throughout the United States as well as in Europe, Asia and other parts of the world. Today, more than 700 companies ‘worldwide use the AWR Software and over fifty percent of AWR’s business revenue comes from overseas.13. AWR’s core facility is located in El Segundo, California. AWR also has four other research and development centers: in Northern California, Colorado, Wisconsin, and Finland, respectively. AWR also has sales offices around the globe, including in Japan, the United Kingdom, and France. 14. AWR and the software it has developed have received accolades from a myriad of industry publications throughout the world. AWR’s founder, Dr. Joseph Pekarek, was named IEEE MTT-S Outstanding Young Engineer of the Year in 2005 in recognition of his innovation in software design and his outstanding achievement in entrepreneurship. The AWR Software was named one of Microwaves & RF Magazine’s Top Products of 2007 and, in November 2008, was given the Electron d’Or Award in the CAE category, sponsored by Electronique Magazine, the French electronic industry’s leading publication. 15. _AWR owns seven United States copyright registrations (TX 5-393-123, TX 5-524-561, TX 5-869-219, TX 6-196-721, TX 6-211-154, TX 6-595085, and TX 6-875-969) for the AWR Software, copies of which are attached hereto as Exhibit A. LICENSE AGREEMENT 16. Before installing the AWR Software, potential users must agree to a Software License Agreement, attached hereto as Exhibit B. 17. The Software License Agreement, to which ZTE agreed, states in part: a) The “[cJustomer shall not copy the Software other than as set forth herein.” b) The “[cJustomer shall only use the Software using a key code created by [AWR] and provided to Customer and shall not use the Software in any manner without such key code.” c) The “[c]ustomer shall not distribute, make accessible, transmit or provide any such key code to any third party of the public, use any key codes other than key codes provided directly by [AWR]...or take any action to circumvent the key codes...” 4eI AHR ORE 10 lL 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4) “In consideration for the licenses granted by [AWR] under this Agreement, Customer will pay the license fees set forth in the Purchase Order.” 18. The AWR Software will not operate without a license or key code that unlocks the software. Indeed, to protect its software against unauthorized use, AWR has made significant investments in licensing solutions developed by the market leader in licensing software. 19. The Software License Agreement also contains provisions that restrict the type and number of licenses, such that a customer may either have a “floating” or “locked” license. 20. AWR licenses its software products to potential customers for evaluation purposes. Pursuant to the Software License Agreement, potential customers that are given a valid evaluation license or key code by AWR must also agree that: a) “[NJeither Customer nor any other person or entity may use the Software for any commercial purpose whatsoever and the licenses granted to customer may only be used by Customer for demonstration, evaluation or trial purposes or in the case where Customer is an educational or research institution, such use shall be limited to educational uses.” 21. Potential customers and users agree to be bound by the Software License Agreement by “clicking” its acceptance of the terms thereof. By accepting the terms of the agreements, the parties agree that federal and state courts located in Los. Angeles, California, in the United States of America shall have exclusive jurisdiction of any disputes arising out of the Software License Agreement, that the venue for any such disputes is proper in such courts, and that each party irrevocably consents to the personal jurisdiction and venue of such courts. ZTE’S INFRINGEMENT 22. On information and belief, ZTE designs, develops, produces, distributes 5and installs a broad range of telecommunications systems and products. Some of these aforementioned systems and products are of the same kind that the AWR Software is intended to help design and produce. On information and belief, ZTE’s total assets exceed the equivalent of $10 billion (United States Dollars). 23. Although ZTE boasts of its commitment to corporate responsibility on its website, its actions toward AWR speak otherwise. Over the course of many years, including within the past four years, ZTE has obtained and used the AWR Software without authorization, On one or more occasions, ZTE has downloaded the AWR Software from AWR’s website after registering and agreeing to use the software only for evaluation purposes. 24. On information and belief, ZTE has also knowingly obtained unauthorized versions of the AWR Software on websites and through internet service providers known to traffic in illegal content. 25. To accomplish its misappropriation, ZTE has, on information and belief, knowingly obtained unauthorized software license keys from a source other than AWR and circumvented electronic protections built into the software. On information and belief, ZTE knowingly uses these “cracked” software keys in order to use and/or continue using the AWR Software without having to pay AWR for a legitimate license. 26. Oninformation and belief, by using the AWR Software without authorization, ZTE has not only avoided paying millions of dollars in license fees, but has been able to develop the commercial products that have made ZTE one of the most successful telecom giants in the world. AWR’S DISCOVERY OF ZTE’S INFRINGEMENT 27. - ZTE owns no legal copies of the AWR Software as of the filing of this complaint. 28. Nonetheless, AWR has discovered unauthorized copies of its software on over 40 computers belonging to ZTE or using IP addresses registered to ZTE. The 6.AWR Software has been used on these computers without AWR’s authorization nearly 300 times. On information and belief, this represents only a fraction of the unauthorized uses. 29. By way of example, from one IP address belonging to ZTE, AWR has discovered unauthorized copies of its software on at least 26 computers. Such computers include: “ZTE-4919DA23BAE”; “ZTEABC”; “ZTE-HXD036298”; “ZTEMT-ZXL”; and “ZTE-WANGBIN”. AWR has discovered at least 144 ‘unauthorized uses from this IP address alone. 30. Moreover, from this same IP address, eleven (11) ZTE employees have registered on AWR’s website to obtain access to support services and documentation. Such employees include: Yang G., an “RF Engineer”; Zhou. H.; Chen Q.; Geoping T.; Wang C.; Neil W., an “RF Designer”; Chun Z.; and Xiaojun Z., an “Engineer”. 31. From another IP address belonging to ZTE, AWR has discovered unauthorized copies of its software on at least 13 computers. Such computers include: “ZTE-4919DA23BAE”; “ZTE-LYB”; and “ZTE-TRANKS”. AWR has discovered at least 86 unauthorized uses from this IP address. 32. From this same IP address, two (2) ZTE employees have registered on AWR’s website to obtain access to AWR’s support services and documentation. Such employees include: Xiaojun Z., an “Engineer” and Yanfeng Y., an “Engineer”. 33. _ In yet another example, from a third IP address belonging to ZTE, AWR has discovered unauthorized copies of its software on at least 5 computers. One such computer is “ZTEMT-1100.” From this same IP address, three (3) ZTE employees have registered on AWR’s website, including: Lin C., a “Wireless Standard Engineer”; Zhong Y.; and Zhou Z., an “Engineer”. 34. The uses discovered by AWR are not isolated or accidental. Indeed, AWR has discovered that some ZTE users have, over time, upgraded the version of the AWR Software that they use without authorization. 35. Moreover, ZTE’s actions are not simply the product of a few uninformed 1Socwr san pr wen ee 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 employees. At least 15 (fifteen) ZTE employees, while physically at ZTE, have registered on AWR’s website to obtain access to support services and documentation to enable them to use the AWR Software for commercial purposes. AWR’s website provides information on how to obtain copies of the AWR Software legally. 36. Furthermore, AWR holds no-cost seminars for members of the telecommunications systems industry in order to educate them on the benefits of using the AWR Software. AWR held such seminars in many cities in China, including Beijing, Shenzhen, Shanghai, Xian, and Chengdu. In March and April 2010, at least fourteen ZTE employees, from ZTE offices throughout China, consisting of engineers and other technology developers, attended these seminars. At these seminars, ZTE employees asked AWR representatives sophisticated questions regarding the AWR Software that only experienced users would know to ask. By attending these seminars, ZTE thus obtained no-cost training regarding the use of the AWR Software. ‘During one of these seminars, at least one ZTE employee indicated to AWR that ZTE intended to use the AWR Software to facilitate an upcoming project. 37. On information and belief, ZTE placed great importance in allowing its employees to attend these seminars, which were all-day in duration, because the engineers and technology developers that attended did so during business hours. ZTE’S CONTINUED INFRINGEMENT DESPITE NOTICE 38. Upon discovering the unauthorized uses described above, AWR wrote to ZTE on July 14, 2009, requesting that ZTE conduct its own investigation as to those uses, cease any unauthorized usage, and compensate AWR for the past unauthorized usage. A copy of this correspondence is attached hereto as Exhibit C. A member of ZTE’s legal department in Shenzhen, China responded in writing on August 3, 2009, confirming receipt of AWR’s letter and requesting that AWR “appoint someone speaking Chinese” to communicate with them. A copy of ZTE’s response is attached hereto as Exhibit D. 39. AWR sent follow-up letters to ZTE on August 10, 2009 and August 27,2009, copies of which are attached hereto as Exhibits E. ZTE never responded to those letters. 40. After receiving no response to its follow-up letters, AWR appointed a Chinese speaking representative that met, per ZTE’s request, with ZTE’s IP Rights Manager in Shenzhen, China, on November 26, 2009. After this meeting, however, ZTE did not respond and, as of the date of the filing of this Complaint, has not responded to any of AWR’s subsequent communications. 41. Despite the correspondence and follow-up meeting, ZTE continued, and upon information and belief continues to this day, to allow its engineers and other employees to use the AWR Software without authorization. ZTE’s CONCEALMENT OF ITS INFRINGEMENT 42. On information and belief, ZTE registered on AWR’s website on one or more occasions to obtain access to support services and documentation, but chose to download the AWR Software from a third-party website instead of AWR’s website in order to avoid detection of its illegal conduct. COUNTI (Copyright Infringement Under 17 U.S.C. § 501) 43. AWR incorporates and realleges by reference paragraphs 1-42 above as if set forth in full herein. 44. AWR is the owner of the copyright in its software. A true and correct copy of AWR’s Certificate of Registration, Reg. No. TX 5-393-123 dated December 17, 2001, is attached hereto as Exhibit A-1. In addition, AWR has registered the improvements and updates to its original AWR Software. Most recently, it registered the latest version with the Copyright Office on October 31, 2008, Registration No. TX 6-875-969, a true and correct copy of which is attached hereto as Exhibit A-7. 45. AWR has complied with all statutory formalities required by the Copyright Act to maintain the validity of its copyrights in its software, as reflected in its copyright registrations attached as Exhibit A. 946. On information and belief, ZTE has downloaded or otherwise copied and installed the AWR Software on its computers without permission or authorization from AWR in order to research and develop products that ZTE sells in the United States for substantial profit. 47. ZTE’s unauthorized use and/or duplication of AWR’s copyrighted software constitutes copyright infringement under 17 U.S.C. § 501. ZTE’s actions in violation of the Copyright Act have been knowing and willful. 48. _ZTE’s conduct is causing, and is likely to continue to cause, injury to AWR, entitling AWR to: (i) preliminary and permanent injunctive relief pursuant to 17 US.C. § 502; (ii) its actual damages and ZTE’s profits or, alternatively, statutory damages pursuant to 17 U.S.C. § 504; and (iii) costs and attorneys fees pursuant to 17 U.S.C. § 505. 49. AWR has suffered substantial actual damages as a result of ZTE’s unauthorized and illegal use of such copyrighted materials. As a result of ZTE’s wrongful actions, AWR has suffered damages in an amount to be proven at trial but on information and belief alleged to be at least many millions of dollars in unpaid license fees plus interest and attorneys’ fees. Further, as an alternative to actual damages, AWR is entitled to statutory damages in an amount up to $150,000 per infringed work, plus interest and attorneys’ fees. 50. _AWR has no adequate remedy at law, however, and ZTE’s unlawful conduct will continue to cause AWR irreparable injury unless ZTE is enjoined by this Court. COUNT IT (Circumvention of Copyright Protection Systems Under 17 U.S.C. § 1201) 51. AWR incorporates and realleges by reference paragraphs 1-50 above as if set forth in full herein. 52. The AWR Software employs technological mechanisms that effectively provide security controlled access to the work and copyright protections. = 10.Cer anr ene 53. On information and belief, ZTE downloaded, shared, used and/or employed software that (i) modifies the AWR Software to bypass the access control to allow it to recognize unauthorized license keys and (ii) generates unauthorized license keys that enabled ZTE to bypass the security access mechanisms and copyright protections in the AWR Software, in violation of 17 U.S.C. §§ 1201(a)(1). 54. On information and belief, ZTE’s actions have been and continue to be knowing and willful. 55. ZTE’s conduct is causing and is likely to continue to cause injury to AWR, entitling AWR to the following remedies pursuant to 17 U.S.C. § 1203: (i) preliminary and permanent injunctive relief; (ii) its actual damages and ZTE’s profits or, alternatively, statutory damages; and (iii) costs and attorneys’ fees. 56. AWR has suffered substantial actual damages as a result of Defendant’s unauthorized and illegal actions. As a result, AWR is entitled to damages in an amount to be proven at trial but on information and belief alleged to be at least many millions of dollars in unpaid license fees plus interest and attorneys’ fees. Further, as an alternative to actual damages, AWR is entitled to statutory damages in an amount up to $2,500 per act of circumvention, device, product, component, offer, or performance of service, plus interest and attorneys’ fees. 57. AWR has no adequate remedy at law, however, and ZTE’s unlawful conduct will continue to damage AWR unless ZTE is enjoined by this Court. COUNT Ht (Breach of Contract) 58. _AWR incorporates and realleges by reference paragraphs 1-55 above as if set forth in full herein. 59. In order to install and use the AWR Software, ZTE expressly agreed to and was bound by the terms of a Software License Agreement. 60. By copying, sharing, and using the AWR Software without authorization from AWR, by using key codes not provided by AWR, by taking action to circumvent iew aAnunR EN the key codes, by continuing to use the AWR Software for commercial purposes, by installing the AWR Software on its computers without authorization, and by not paying a licensing fee, ZTE has breached the terms of the Software License Agreement. 61. AWR is entitled to its damages resulting from such breaches in addition, but not limited to, payment of the license fees to which ZTE agreed. 62. As a direct and proximate result of ZTE’s breaches, AWR has suffered damages in an amount to be proven at trial but believed to be at least many millions of dollars in unpaid license fees plus interest. COUNT IV (Actual Fraud — Violation of California Civil Code § 1572) 63. _AWR incorporates and realleges by reference paragraphs 1-62 above as if set forth in full herein. 64. ZTE expressly agreed to the terms of a Software License Agreement so that it could install and use the AWR Software. 65. ZTE agreed to the terms of the Software License Agreement with knowledge that its agreement to its terms was false and misleading and without any intention of complying with these terms. Specifically, at least as early as March 9, 2004, ZTE clicked the “I accept” button for the agreement, knowing that the agreement precluded ZTE from using the AWR Software for commercial purposes. ZTE did not intend to abide by the agreement at the time ZTE accepted its terms. As ZTE knew, AWR relied to its detriment on ZTE’s fraudulent acceptance of the terms of the Software License Agreement in providing ZTE with the AWR Software. 66. Asa result of agreeing to the terms of the aforementioned agreement, ZTE was able to engage in the unauthorized commercial use of the AWR Software. 67. In registering on AWR’s website, ZTE also expressly confirmed that it “wish[ed] to receive an Evaluation License to try [the AWR] software.” 68. ZTE confirmed this statement each time it registered, knowing that its 12confirmation of this statement was false and misleading. As ZTE knew, AWR relied to its detriment on ZTE’s fraudulent confirmation of ZTE’s intent in registering on AWR’s website by providing ZTE with access to technical support and documentation to better enable ZTE to use the AWR Software. 69. Asaresult of falsely confirming its interest in evaluating the AWR. Software, ZTE was able to learn how to use the AWR Software for commercial purposes. 70. ZTE’s unauthorized use of the AWR Software and technical support has injured AWR and will continue to injure AWR unless preliminarily and permanently enjoined by this Court. AWR is entitled to preliminary and permanent injunctive relief and actual and punitive damages in an amount to be determined. 71. Asa direct and proximate result of ZTE’s breaches, AWR has suffered damages in an amount to be proven at trial but believed to be many millions of dollars plus interest and attorneys’ fees. COUNT V (Unfair Competition Under § 17200 of the California Business And Professions Code) 72. AWR incorporates and realleges by reference paragraphs 1-71 above as if set forth in full herein. 73. ZTE’s registration on AWR’s website in order to obtain support services and attendance at seminars hosted by AWR to obtain no-cost training are unlawful, unfair and/or fraudulent business acts or practices and thus constitute unfair competition under § 17200 of the California Business and Professions Code. 74. ZTE’s unlawful, unfair and fraudulent conduct has injured AWR and will continue to injure AWR unless preliminarily and permanently enjoined by this Court. AWR is entitled to preliminary and permanent injunctive relief under Business and Professions Code § 17203. 75. Asa direct and proximate result of ZTE’s unfair, unlawful and fraudulent 13business practices, ZTE has been unjustly enriched and has obtained a monetary benefit of many millions of dollars at the expense of AWR. AWR is thusly entitled not only to injunctive relief but to restitution. PRAYER FOR RELIEF WHEREFORE, plaintiff AWR prays that this Court provide relief by: a. Preliminarily and permanently enjoining and restraining ZTE, their officers, directors, agents, employees and all other individuals, firms, corporations, associations and partnerships affiliated, associated or acting in concert with them from using the AWR Software or any other AWR software to which they hold no valid license; b. Awarding AWR compensatory and actual damages; c. Ordering ZTE to provide an accounting of its profits; d. Awarding AWR its lost profits plus ZTE’s profits; e. In the alternative to actual damages under the Copyright Act, at the election of AWR, awarding AWR statutory damages for ZTE’s copyright infringement and/or circumvention of copyright protection systems, and increasing those damages because of ZTE’s willful infringement and/or circumvention; f. Requiring ZTE to deliver upon oath, to be impounded during the pendency of this action, all infringing copies of AWR’s copyrighted works, any unauthorized software used to circumvent the licensing restrictions on the AWR Software, and any products produced, designed, or manufactured, in part or in whole, with or in conjunction with the AWR Software; and that an order of impoundment and/or seizure in respect of the foregoing be issued out of this Court in the manner provided by the Copyright Act and by the United States Supreme Court Copyright Practice Rules (1909); and that at the conclusion of this action, the Court shall order all such materials so held to be surrendered to AWR or to be destroyed under a Writ of Destruction issued under 17 U.S.C. § 503, whichever shall seem to this Court to be most just and proper;Cer aAunek one 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 g. Awarding AWR restitution; he Awarding AWR its attorneys’ fees and costs; i. Awarding AWR such other and further relief as the Court may deem just and proper. DATED: August 4, 2010 KIRKLAND & ELLIS LLP Diana M-Torres (S.B.N.162284) diana.torres@kirkland.com Justin Singh (8.B.N. 226279) justin singh@kirkland.com Attorneys for Plaintiffs AWR CORPORATIONSwraeraunrwn 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEMAND FOR JURY TRIAL Pursuant to Rule 38 Pursuant to Rule 38 of the Federal Rules of Civil Procedure and Local Rule 38-1, plaintiff AWR Corporation hereby demands a trial by jury of all issues triable of right by a jury. DATED: August 4, 2010 KIRKLAND & ELLIS LLP diana torres@kirkland.com Justin Singh (8.B.N. 226279) justin.singh@kirkland.com Attorneys for Plaintiffs AWR CORPORATIONEXHIBIT AEXHIBIT A-1‘WebVoyage Record View 1 Imp/feccatalogloc.g _ gi-bin/Pwebrecon.egi?v1~7&ti=1,7&Search%, Loft (CNet ca Excueemrt ary Soy Public Catalog Copyright Catalog (1978 to present) Search Request: Keyword = microwave office Search Results: Displaying 7 of 10000 entries (lovin Lee ae Microwave office 2002, Beta release 5.0. Relevance: HEED ‘Type of Work: Computer File Registration Number /Date: TX0005393 123 / 2001-12-17 Title: Microwave office 2002, Beta release 5.0. Description: Printout of computer source codes. ‘Notes: Computer program. Copyright Claimant: Allpied Wave Research, Inc. Date of Creation: 2001 Date of Publication: 2001-10-15 Previous Registratio Preexisting material: Microwave office 2001, Microwave office 2001 Wave Research, Inc. Help Search History Titles Start Over Contact Us | Request Copies | Geta Search Estimate | Frequently Asked Questions (FAQs) about Copyright | Copyright Office Home Page | Library of Congress Home Page tit a 1472010 2:52PM,EXHIBIT A-2‘WebVoyage Record View 1 Ipiicocatalogloc.g gi-bin/Pwebreconegi?v1=68Ai"1,68Searcht Copyright Ba Heip co Cre Public Catalog Copyright Catalog (1978 to present) Search Request: Keyword = microwave office Search Results: Displaying 6 of 10000 entries [es] Peer Tae Microwave office 2002 release 5.5. Relevance: MEH NN Type of Work: Computer File Registration Number / Date: 70005524561 / 2002-06-10 Title: Microwave office 2002 release 5.5. Description: Computer program, Notes: Printout only deposited. Copyright Claimant: Applied Wave Research, Ino. Date of Creation: 2002 Date of Publication: 2002-05-02 Previous Registration: Prev. reg, 2001, TX 5-393-123 as Microwave office 2002 release 5.0 beta Basis of Claim: New Matter: new and rev. computer program text. Other Title: Microwave office 2002 release 5.0 beta Names: Applied Wave Research, In, Ser noe [~~ Sive, Print and Fimait Gfalp Pago) {ist Downend Format] [Ester your email dress Help Search History Titles Start Over Contact Us | Request Copies | Get a Search Estimate | Frequently Asked Questions (FAQs) about Copyright | Copyright Office Home Page | Library of Congress Home Page Exhibit A-2 Loft 18 1714/2010 2:52PMEXHIBIT A-3‘WebVoyage Record View 1 Intp/icocataloglos.g, gi-bin/Pwebreconegi2vI=S&ti=1,54Search%... Ceri Lica itr Histor Public Catalog Copyright Catalog (1978 to present) ‘Search Request: Keyword = microwave office ‘Search Results: Displaying 5 of 10000 entries Microwave Office 6.0 build 2053. nnn : Computer File Registration Number / Date: TX0005869219 / 2004-01-21 Application Title: Microwave Office 2002, release 5.0 Beta Microwave Office 6.0 build 2053. Computer program, Printout only deposited. : Applied Wave Research, Inc. 2003 2003-11-22 Prev. reg. 2001, TX 5-393-123. Basis of Claim: New Matter: additions and revisions. ‘Names: Applied Wave Research, Ine, reece [rm > [Sine Prin and ait apg) — si GlelpRass) | [ie Downed Fomat a arch History Titles Start Over Contact Us | Request Copies | Geta Search. imate '| Frequently Asked Questions (FAQs) about Copyright | Copyright Office Home Page | Library of Congress Home Page Exhibit A-3 Loft 19 ‘7472010 2:53 PMEXHIBIT A-4‘WebVoyage Record View 1 Intpsfeocatalogloe.g. _ p-bin/Pwebrecon.cgi?vI~Adeti~1 A&Search, Lye Exc Bring Help Public Catalog Copyright Catalog (1978 t present) Search Request: Keyword = microwave office Search Results: Displaying 4 of 10000 entries - =e ana Microwave Office 2002, release 6.50. Relevance: EEN AE ‘Type of Work: Computer File ‘Registration Number / Date: TX0006196721 / 2005-06-21 Title: Microwave Office 2002, release 6.50. Description: Computer program. ‘Notes: Printout only deposited. Copyright Claimant: Applied Wave Research, Inc. Date of Creation: 2004 Date of Publication: 2004-12-28 Previous Registration: Prev. reg. 2001, TX 5-393-123. Basis of Claim: New Matter: additions & revisions Copyright Note: C.O. correspondence. Names: Applied Wave Research, Inc. eevee om] Save, Print and Email (Help Page) aot Us | Request Copies | Get a Search Estimate | Frequently Asked Questions (FAQs) about Copyright | Copyright Office Home Page | Library of Congress Home Page Exhibit A-# Loft Ehibe ‘711412010 2:53 PMEXHIBIT A-5WebVoyage Record View 1 Intplfcocatalogioc.g. _gi-bin’Pwebreconcgi?V1=381i-1,38Searci%, (Cy Neat Lert Public Catalog Copyright Catalog (1978 to present) Search Request: Keyword = microwave office Search Results: Displaying 3 of 10000 entries Microwave office 2006 : release 7.0. nnn Computer File Registration Number / Date: TX0006211154 / 2005-12-05 icrowave office 2006 : release 7.0. pplied Wave Research, Ine. 1005 Date of Publication: 2005-11-22 Previous Registration: Prev. reg, 2001, TX 5-393-123 Basis of Claim: New Matter: new & rev. computer program text. Copyright Note: Cataloged from appl. only. ‘Names: Applied Wave Research, Inc, (down at C ve, Print and Email (Help Page) [Select Download Format |Ful Record _|| Format for PinwSave {inter your email address: Contact Us | Request Copies | Get a Search Estimate | Frequently Asked Questions (FAQs) about Copyright | Copyright Office Home Page | Library of Congress Home Page 1 it urnsEXHIBIT A-6‘WebVoyage Record View 1 Inap/lcocatalogtoc.g, _gh-bin/Pwcbreconcgi?vI~2&dtil,28Scarch¥, (Cys tana See Stitd Public Catalog Copyright Catalog (1978 to present) Search Request: Keyword ~ microwave office Search Results: Displaying 2 of 10000 entries ==> RRs Microwave Office 2007. Relevance: HHH EE ‘Type of Work: Computer File Registration Number / Date: TX0006595085 / 2007-08-10 Title: Microwave Office 2007, Release'7.51. Computer program. Applied Wave Research, Inc. mn: 2007 : 2007-07-16 Previous Registration: Prev. reg. as Microwave Office 2002, 2001, TX 5-393-123 Basis of Claim: New Matter: new & rev. computer program text. Copyright Note: Cataloged from appl. only. Microwave Office 2002 Applied Wave Research, Ine [previous [nent (= Seve Print and [SciectDownioad Format [Enter your email address: | = |_ Email Help Search History Ties Start Over Contact Us | Request Copies | Get a Search Estimate | Frequently Asked Questions (FAQs) about Copyright | Copvright Office Home Page | Library of Congress Home Page Exhibit AS Tort 22 71142010 2:53 PM.EXHIBIT A-7‘WebVoyage Record View Intp/fcocatlog ioc. gi-bin/Pwebreconcgi?vI4ti~I,1&Search¥, Lof2 Copyright con ro emery Public Catalog Copyright Catalog (1978 to present) Search Request: Keyword = microwave office Search Results: Displaying 1 of 10000 entries Sra Microwave Office 2008 - Computer Software for Circuit Simulation and. Relevance: HILL ‘Type of Work: Computer File Registration Number / Date: TX0006875969 / 2008-10-31 Application Title: Microwave Office 2008 - Computer Software for Circuit Simulation and Electromagnetic (EM) Analysis Tools. Title: Microwave Office 2008 - Computer Software for Circuit Simulation and Electromagnetic (EM) Analysis Tools. Deseription: Computer code. Copyright Claimant: Applied Wave Research, In. Addres: 1960 East Grand Avenue, Suite 430, El Segundo, CA, 99245 2008 2008.09.08, United States Authorship on Application: Applied Wave Research, Inc. (author of anonymous contribution); Domicile United States; Citizenship: United States. Authorship: New and revised program text, Alternative Title on Application: Microwave Office 2002 Release 5.0 Beta Previous Registration: 2001, TX 5-393-123. ‘Pre-existing Material: Previously published version of computer program. Basis of Cla Copyright Not ‘New and revised computer program text. : C.O. correspondence. ‘Names: Applied Wave Research, Ine, Seon = [Save Print and Winall elo Page) [cee Download Format| Fut Reco || Fomato PiriSave [Enter your email a Exhibit A-7 3 7114/2010 2:53 PM‘WebVoyage Record View 1 Iitplcocatalog loc. _g-bin/Pwebrecon.cgi?vI=I dei 1&Search¥.. Help Search History Titles Start Over Contact Us | Request Copies | Geta Search Estimate | Frequently Asked Questions (FAQs) about Copyright | Copyright Office Home Page | Library of Congress Home Pape zeta anita mucoro2saeEXHIBIT B‘SOFTWARE LICENSE AGREEMENT Important; Read Carefully: This Sofware License Agreement ("Agreement") isa legal contract between the legal entity you represent (e.g., your employer) (“Customer”) and AWR Corporation ("Licensor") for the Software (as defined below). If Customer has executed a copy of Licensor’s Software License Agreement to obtain the right to use the Software commercially, then the terms and condition of such Software License Agreement shall apply and govern Customer’s use of the Software and this Agreement shall be ofno force or effect. Important Note: If the Purchase Order (as defined below) or key code specifies that the license is a demonstration, evaluation, trial, educational or other non-commercial license (collectively, an “evaluation license”), then notwithstanding anything to the contrary in this Agreement, then. neither Customer nor any other person or entity may use the Software for any commercial purpose whatsoever and the licenses granted to customer may only be used by Customer for demonstration, evaluation or trial purposes or in the case where Customer is an educational or research institution, such use shall be limited to educational uses. Customer and Licensor hereby agree as follows: 1. Definitions AWR Software means the Software. Designated Equipment means the specific equipment located at the Designated Site on which a version of the Software is installed and licensed. Designated Site means the specific Customer location or facility specified as the designated site on the Purchase Order or a facility owned or leased by Customer that is within a one-mile radius around the “Ship To” address on the Purchase Order if the Purchase Order does not specify a designated site. Alternatively, in the case of a downloaded evaluation license the Designated Site will be the address used by Customer to register for the license on Licensor’s website Documentation means the user manual, reference manuals and other materials, in printed and electronic form, supplied by Licensor for use with the Software. Effective Date means the date that this Agreement was accepted by clicking on the “I agree” button. Number of Designated Users means the number of simultaneous users specified in the Purchase Order(s) for floating licenses, or a single user in the case of locked licenses. Purchase Order(s) means cither the Customer's purchase order accepted by Licensor in writing, ‘or in the absence of such a purchase order, Licensor’s invoice or such other Licensor documents ‘that describe or specify the Designated Site, the Designated Equipment and/or the licenses ranted to Customer. Software means the Licensor’s Microwave Office, Analog Office and Visual System Simulator software products and any other 3° party software products included in any of the foregoing, in each case in machine-readable object code form, and any updates, upgrades, new versions and new releases provided by Licensor, ifany. 2. License and Restrictions. a. License. Customer will receive a “floating” license and/or “locked” license of either a perpetual or fixed term, in each case as specified in the Purchase Order. i. Floating License, Ifa floating license is specified in the Purchase Order, then, subject to the terms and conditions of this Agreement, Licensor grants to Customer, during the applicable license term, a non-exclusive, non-sublicensable, non-transferable, license (i) o reproduce and StAdoe Exhibit B 25install the Software on the Designated Equipment for use and access by the Number of Designated Users, (ji) to make an archival copy of the Software and (ii) to permit the Number of Designated Users to use the Software solely for Customer’s internal business purposes on the Designated Equipment at the Designated Site and at the users” personal residences as described below. Customer may designate one or more of Customer's subcontractors as designated users to use the Software solely for Customer's intemal business purposes and for the benefit of ‘Customer, provided such subcontractors are not competitors of Licensor. Ifa fixed-term floating license is specified in the Purchase Order, then Customer may use the Software pursuant to the foregoing license only during such fixed period of time as specified in the Purchase Order or for the duration of the key code in the case of evaluation licenses. ‘The maximum number of simultaneous users of the Software may not exceed the Number of Designated Users. Users’ ‘whose permanent work location is within the Designated Site may use the Software at their Personal residences via a virtual private network or application sharing utility such as and ‘without limitation VNC, Windows Remote Desktop or Webex, provided that the maximum ‘number of simultaneous users of the Software does not exceed the Number of Designated Users. Locked License, If a locked license is specified in the Purchase Order, then, subject to the terms and conditions of this Agreement, Licensor grants to Customer, during the applicable license term, a non-exclusive, non-sublicensable, non-transferable license (i) to reproduce and install the Software on a computer that constitutes the Designated Equipment for use and access by a single user at a time, (ii).to make an archival copy of the Software and (ii) to permit the single user the right to use the Software solely for Customer's intemal business purposes on the Designated Equipment at the Designated Site; provided, however, that the Software may not be used through any application sharing utility such as VNC, Windows Remote Desktop or Webex. ‘Customer may designate one or more of Customer’s subcontractors as designated users to use the Software solely for Customer's internal business purposes and for the benefit of Customer, provided such subcontractors are not competitors of Licensor. Ifa fixed-term locked license is specified in the Purchase Order, then Customer may use the Software pursuant to the foregoing license only during such fixed period of time, and such fixed term shall begin as specified in the Purchase Order or for the duration of key code in the case of evaluation licenses. iii, Documentation License. Subject to the terms and conditions of this Agreement, Licensor grants to Customer, during the term of this Agreement, a non-exchusive, non-sublicensable, non transferable, license to allow the Number of Designated Users to use and reproduce a limited number of copies of the Documentation solely in connection with the use of the Software. Customer may not make modifications or derivative works of the Documentation and may not distribute the Documentation. b. Restrictions. All users of the Software and Documentation must not be competitors of Licensor and (i) must be Customer’s employees or Customer's contractors in each case whose permanent work location is within the Designated Site or (ji) students if Customer is an educational or research institution, provided such students are enrolled at such educational institution or working at such research institution as a part if their curriculum at an educational institution. The Software may only reside on the Designated Equipment that is physically located within the Designated Site. Customer may move the Software that is covered by a maintenance contract to a different Designated Site (and cease all use of the Software at the previous Designated Site) only upon Licensor’s written approval. Customer shall not (}) permit. any parent, subsidiary, affiliated entity or third party to use the Software, (ii) distribute, rent or lease the Software, or (iii) use the Software for third-party training or commercial or non- Exhibit B 6commercial time-sharing. Customer shall not use any components, models or libraries included in the Licensor’s Software, or otherwise provided by Licensor to Customer in connection with the Software with any software products other than the Software. € Copies, All copies of the Software made by Customer under this Agreement shall include all copyright and other proprietary notices included in the Software. Customer shall not copy the Software other than as set forth herein. All copies of the Documentation must include all ‘copyright and other proprietary notices included in the Documentation 4d. Reverse Engineering: Modifications. Customer will not cause or permit (j) the disassembly, decompilation or reverse engineering of the Software or otherwise attempt to gain access to or discover the source code for the Software (or the underlying ideas, algorithms, structure or organization of the Software) or (ii) the modification, adaptation, translation or creation of derivative works based on the Software; provided, however, that to the extent that European Union law is applicable to this Agreement, the foregoing restriction on disassembly, decompilation and reverse enginecring.is limited so that it prohibits such activity only to the ‘maximum extent such activity may be prohibited without violating the EEC Directive on the legal protection of computer programs. ©. Key Codes. Customer shall only use the Software using a key code created by Licensor and provided to Customer and shall not use the Software in any manner without such key code. Licensor may update or replace such key code periodically or implement an altemative licensing protection mechanism in its discretion, and Customer shall cooperate to comply with any such reasonable alterative licensing protection mechanism. Customer shall not distribute, make accessible, transmit or provide any such key code to any third party or the publi, use any key codes other than key codes provided directly by Licensor for use of the Software or take any action to circumvent the key codes or any such alternative licensing protection mechanism, and any such action by Customer or any employee of Customer shall constitute a material breach of this Agreement. 3. Support. Licensor will provide a telephone and email support to Customer Monday through Friday (8:00 a.m. to 5:00 p.m. local time at Licensor’s support facility), excluding holidays Licensor recognizes, to answer questions from no more than two (2) Customer designated persons concerning the installation of the AWR Software. If Customer desires maintenance and ‘support beyond such support, Customer must enter into a separate support agreement with Licensor and must pay Licensor’s then-current maintenance and support fees. 4. Payment. a. License Fees. In consideration for the licenses granted by Licensor under this Agreement, Customer will pay the license fees set forth in the Purchase Order. b. Payments, Except as otherwise set forth herein, all amounts due under this Agreement must be paid within the period specified on the Purchase Order in the currency specified by Licensor. ©. Acceptance. Customer will have thirty (30) calendar days from receipt of the Software to accept or reject the Software. Customer may only reject the Software if the Software fails to substantially comply with the Documentation. The Software shall be deemed accepted by ‘Customer on the earlier of Customer putting the Software into commercial use or the expiration of such thirty (30) day period. If Customer rejects the Software, Licensor will, in Licensor’s sole discretion, replace the Software or Licensor may refund to Customer the amounts paid by Customer for the Software. If Licensor refunds the fees paid by Customer, then this Agreement shall terminate, Customer’ licenses to the Software shall terminate and the terms in Section 10(¢) shall apply. THE REMEDY PROVIDED FOR IN THIS SECTION SHALL BE Exhibit B 27CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AND LICENSOR’S SOLE OBLIGATION IF CUSTOMER REJECTS THE SOFTWARE. LICENSOR WILL NOT HAVE LIABILITY FOR THE COST OF SUBSTITUTE SOFTWARE. 5. Protection of Licensed Materials Licensor, or its licensors, shall retain all proprietary rights, including all copyright, patent, trade secret, trademark and all other intellectual property rights, in and to the Software, Documentation and any corrections, enhancements, or other modifications to the Software. Customer acknowledges that the licenses granted under this Agreement provide Customer only a right of limited use under the terms and conditions of this Agreement. 6. Software Updates. ‘The Software communicates with Licensor’s servers for the purpose of checking for and performing updates and ensuring that the Customer is using the Software in conformity with this ‘Agreement with a valid key code that Licensor has created and provided to the Customer. This process does not collect any proprietary information. Licensor will not provide any of the information it gathers in connection with this process to any third party except (i) as may be required by.law or legal process, or (ii) to enforce compliance with this Agreement and the key code requirement described above. 7. Limited Warranty. Li farranty and Sole Remedy. Licensor warrants that the media on which the Software is delivered will be free of manufacturing defects and damage for 90 days after shipment, provided that the media has not been subject to abuse, improper storage or neglect. As Customer's sole and exclusive remedy for breach of the foregoing warranty, Licensor will provide a suitable replacement media containing the Software. b. Disclaimer of Any Other Warranty. EXCEPT FOR THE EXPRESS LIMITED WARRANTY STATED ABOVE WITH RESPECT TO THE MEDIA ON WHICH THE SOFTWARE IS DELIVERED, THE SOFTWARE IS PROVIDED “AS-IS” AND LICENSOR AND ITS LICENSORS PROVIDE NO OTHER WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, AND LICENSOR AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Licensor does not warrant that the Software will meet Customer’s requirements or be error free. 8. No Obligation for Third Party Claims Licensor will have no obligation, responsibility or liability whatsoever to defend, indemnify or hold Customer harmless from or against any third party claims, suits or actions related to, arising out or of connected with the use of the Software or Customer's exercise of the licenses granted in this Agreement or any damages, losses, liabilities, settlement amounts, costs or expenses related to such third party claims, suits or actions. 9. Limitation of Liability. NEITHER LICENSOR NOR ITS LICENSORS WILL BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Customer acknowledges that the amounts payable hereunder are based in Exhibit B 28part on these limitations, and further agrees that these limitations shall apply notwithstanding the failure of the essential purpose of any remedy. Licensor’s total and cumulative liability arising ‘out of or in connection with this Agreement shall not exceed the license fees paid by Customer hereunder. 10. Term and Termination a. Term. Each license granted in Section 2(a) hereunder shall be effective as of the Effective Date and shall continue in effect for the period set forth in the Purchase Order, which may be either fixed or perpetual, unless earlier terminated as set forth herein. In the case of an evaluation license, the license will terminate upon expiration of the applicable evaluation period ‘or the expiration of the key code. ‘The terms and conditions of this Agreement shall remain in cffect until the last remaining license under this Agreement expires or is terminated. b. Termination. Either party may terminate this Agreement and each of the licenses granted herein upon written notice to the other party if: (i) the other party fails to comply with any of the ‘terms or conditions of this Agreement, and such default is not cured within 30 days after written notice thereof to the other party, (ii) in the case of Licensor, if Customer fails to make any payment of license fees for the Software to Licensor or Licensor’s re-seller or distributor (as the ‘case may be) within 30 days after the due date of such payment, or (ii) the other party becomes the subject of @ voluntary or involuntary petition in bankruptcy or any voluntary or involuntary proceeding relating to insolvency, receivership, liquidation, or composition or assignment for the benefit of creditors. Licensor may terminate an evaluation license at any time. e. Effect of Termination. Sections 1, 4 through 9, inclusive, 10(c) and 11, and all payment ‘obligations accruing prior to termination, shall survive termination of this Agreement. Within 5 days after termination ot expiration of this Agreement, Customer will retum or destroy, at ‘Customer's expense, the Software, Documentation, license key codes and all copies thereof, and, if requested by Licensor, deliver to Licensor a written certification signed by an officer of Customer stating that the Software, Documentation, license key codes and all copies thereof have been returned or destroyed. Nothing contained herein will limit any other remedies that either party may have for default under this Agreement nor relieve either party of any obligations. incurred prior to such termination, 11. Miscellaneous a. Assignment. Customer may not assign or transfer this Agreement or any rights or obligations under this Agreement, in whole or in part, whether voluntary, by operation of law.or otherwise, without Licensor’s prior written consent; provided, however, that such written consent shall not be unreasonably withheld if (i) in connection with an assignment in connection with a merger oF acquisition of Customer or a sale of al or substantially all of Customer's assets or business to which this Agreement and the Software relates, (ii) maintenance and support obligations with respeet to the Software are then in effect, and (iii) the assignee agrees in writing to be bound by all applicable terms and conditions of this Agreement. Any assignment ot transfer of this Agreement made in contravention of the terms hereof shall be null and void. Licensor may assign this Agreement. Subject to the foregoing, this Agreement shall be binding on and inure to the benefit of the parties” respective successors and permitted assigns. b. Severability: Waiver. If any of the provisions of this Agreement are held by a court to be invalid, they are, to that extent, deemed omitted. The waiver of one breach or default or any delay in exercising any rights shall not constitute a waiver of any subsequent breach or default. ©. Export Control. Customer acknowledges and agrees that the Software may be subject to restrictions and controls imposed by the United States Export Administration Act and the Exhibit 29regulations thereunder. Customer agrees that it will not export or re-export either the Software or any directly related materials to or into any country in violation of such controls or any other laws, rules or regulations of any country, state or jurisdiction. 4. Entire Agreement; Modification. This Agreement and the Purchase Ordex(s) represent the centire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings with respect to the subject matter hereof, whether written of oral. This Agreement may not be modified or amended except by the written agreement of the parties. . Conflicting Documents, No ters, provisions or conditions of any purchase order, invoice ‘or other business form or written authorization used by either party will affect the rights, duties or obligations of the parties hereunder, regardless of any failure of either party to object to such terms, provisions or conditions. Without limiting the foregoing, any terms or conditions appearing on Customer’s purchase orders or similar documents will not add to or modify the ‘terms and conditions of this Agreement. £ Governing Law. This Agreement shall be governed by the laws of the State of California, USA without reference to principles of conflicts of laws. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of and venue in the federal and state courts in Los Angeles, Califomnia, USA. Each party hereby irrevocably consents to the personal and exclusive jurisdiction and venue of these courts. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded and shall not be applicable this Agreement, g. Notices. All notices required or permitted by this Agreement shall be in writing and shall be deemed sufficient upon receipt, when delivered: personally or by courier, ovemight delivery service or confirmed facsimile, or forty-eight (48) hours after being deposited in the regular mail as certified or registered mail (airmail if sent internationally) with postage prepaid. h. US. Government Restricted Rights. The Software is 2 commercial product, developed at private expense, and provided with restricted rights. Use, reproduction, release, modification or disclosure of the Software, or any part thereof, including technical data, by the Government is restricted in accordance with Federal Acquisition Regulation (“FAR”) 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement (“DFARS”) 227.7202 for military agencies. i, Force Majeure. Neither party shall be responsible for any delays or inability to perform any of its obligations under this Agreement due to any Act of God, fire, casualty, flood, earthquake, war, strike, lockout, epidemic, destruction of production facilities, riot, insurrection, or any other ‘cause beyond the reasonable control of such party Exhibit B 30EXHIBIT CMr. Guo Xiaoming Chief Legal Counsel ZTE Corporation Hi-Tech Road South Hi-Tech Industrial Park Nashan District ‘Shenzhen, P.R. China Re: Copyright infringement Dear Mr. Xiaoming: ‘AWR has developed and owns various intellectual property rights in “Microwave Office” which is electronic design automation (‘EDA’) software (the "Software’). ‘WR Js a worldwide leader in high frequency electronic design automation software for wireless, high speed wireline and electro-optical applications. AWR. has developed, marketed and licensed a variety of software products, including, but not limited to “Microwave Office’, "Visual System Simulator, and “Analog Office” (collectively referred to as “Microwave Office") which are the subject of this infringement. We recently discovered from our support data base that there has been extensive usage at ZTE by several employees using unlicensed, or “cracked’, versions of our Microwave Office software. This use of counterfeit software is an infringement of AWR's copyright under Title 17 of the United States Code, Section 501. In addition, use of counterfeit ficenses is in violation of the Digital Millennium Copyright Act of 1998, and international copyright treaties. This is a significant infraction and we take these matters very seriously. Attachment A hereto details the extent of this unauthorized usage. Due to the seriousness of these infringements we must demand that ZTE: @ Conduct a thorough investigation into its unauthorized use of the Software, ) Do not erase or destroy any computer readable license files, directories or project files pertaining to the legal or illegal use of AWR software ("AWR Data") All AWR data should be backed up and stored safely and permanently such that the files may be provided to AWR as evidence in the event that we cannot resolve this matter without litigation. i) Immediately cease all unauthorized use of the Software, and (wy Report the results of such research to us no later than August 7, 2008. We will refrain from taking legal action pending our receipt of your report before August 7, 2009. Exhibit C 3The illegal usage of AWR software as outlined in attachment A, shows that ZTE has had the benefit of using over four hundred sixty (460) times the AWR Microwave Office software products on twenty-nine (29) independent computers since March 2004. The commercial value of the AWR software that has already been in use by ZTE is in excess of US$1,800,000 not including any associated penalties or additional fees for using non-licensed versions of the software, nor any legal fee’s or assigned royalties on any products developed through the use of the AWR software. ‘We believe that the unauthorized use of the Software is not permitted by ZTE’s corporate policies on software usage, and we suspect the usage is simply a matter of either not having adequate legal copies or insufficient CAD restrictions ‘on the use of legal licenses by these facilities. We-sincerely hope that we can create a business solution that resolves this issue. Our recommendation is for ZTE to investigate the matter and determine the validity and extent of the IP infringement. We have included a document to assist your IT team in conducting the investigation. If you can confirm that our claim is valid, we would request that ZTE either pay AWR for past usage of the counterfeit license, or purchase additional user licenses, in which case AWR will release ZTE from any obligation to pay for past counterfeit usage. We wish to continue our good working relationship and to avoid costty litigation. However, we need to receive assurance from ZTE that any existing illegal licenses will be removed, and a system will be implemented to preclude recurrence of such usage. Please feel free to contact me to discuss this matter in more detail, 1 can be reached via e-mail at miracco@awrcorp.com, or by phone at 310-726-3000. Regards, Ted Miracco Executive Vice President cc: Dr. George Sun, CEO (ZTE USA) Dane Collins, President and CEO (AWR) Attachments: 1. A — legal Usage Report 2. Identifying "Cracked" Licenses for AWR Software Page 2 of 2 Exhibit C 2AWR Identifying “Cracked” Background This document is being provided to assist in the investigation into alleged use of illegal software. Please be advised that this investigation has serious legal consequences, and itis strongly encouraged to permanently back up all files and data pertaining to the machines and users identified as potentially using illegal software. Efforts to permanently erase, delete or destroy data can have serious legal ramifications. We advise you to consult with your legal representatives or corporate counsel regarding this matter prior to commencing the investigation. Security Overview Applied Wave Research (AWR) has developed and owns various intellectual property rights in “Analog Office”, "Microwave Office” and “Visual System ‘Simulator’, which are electronic design automation software (the “Software"). WR Software products use a security mechanism from Macrovision named FlexLM. This mechanism allows a program to be created in such a way that it will need to find a valid key file for it to run. This allows the program to be distributed via our website and on CDROM’s and for this software to run only after a license file or “key” has been acquired from AWR. The key files are small, 200-1000 character, ASCII files. All logal key files generated by AWR have distinct serial numbers in them so that they ean be tracked, and counterfeit license files can be detected. Software Piracy AWR is aware that software piracy rings are actively circumventing the security features built into our licensing mechanism, and making these “cracked” versions available over the internet. These criminal groups have created software programs that can either generate counterfeit key files or modify AWR, executable files so as to not require key files. Illegal license generators will create key files that have serial numbers inconsistent with the serial numbers generated by AWR for legal customer use or demonstration and evaluation purposes. Software Updates & Electronic Auditing ‘The AWR Software communicates with end-users’ servers for the purpose of checking for and performing software updates and ensuring that the customer is, using the Software in conformity with the license agreement with a valid key file ‘Anplieg wave Resear, ‘$9101. crand tm, Ste 400° EL Sepiny eh boa =F 387 Exhibit C 33that AWR has provided to the customer. This process does not collect any proprietary information, Locating the AWR Program Directories ‘The AWR Design Environment is invoked from a program file named “mwoffice.exe". Searching for this file will allow you to find the AWR program directories. Typically the software is installed in a directory such as C:\Program Files AWR\AWR200x (where *x" indicates the last digit of the year in which the software was released). Alll executable (.exe, dll, etc) files in the same directory as mwoffice.exe and all sub-directories are the licensed and copyrighted property of Applied Wave Research. Finding Unlicensed or “Cracked” Software Licenses In order for the AWR Software to run, it needs access to a license file (unless the executable has been illegally “patched"). This license file is usually named “awrlic” or “awrd.lic”. The awr.liclawrd.ic file is an ASCII text file and can be opened in Notepad or Microsoft Word. All awr.lic/awrd.lic files are generated for individual customers and valid ones will contain your company name. If you are unsure whether you have a legal awrlic/awrd.lic file, open it in Notepad and look for your company name in the “VENDOR_STRIN an illegal license file is the serial number. A file with a known illegal serial ‘umber will most commonly contain one of the following strings in it: ‘SN=10179 st SN=A124952123451111111 sI ‘SN=12DF-CE02BC 234 34F-12ABDE Ifyou are unsure whether the file is legal, please email the file to licenses@appwave.com for further instructions. In addition, there is software that can be used for generating the counterfoit license file. Programs known to be used for generating counterfeit licenses include: awrdesignenvironmentV5. ‘Mwo501.zip | Crack471 tar ‘Mwo2i2_kexe MWO_V5.0_MakelIC.exe ‘Mwo2002.zip ‘Awrkg.exe Mwofi25.zip | Makelic.exe ~ ‘Mwkeygen.exe Efalicgen_b0.3.2ip wot cree seneapn atthe ave Reanarh ne, . Exhibit € 34Back up Any and All Suspicious Data, Directories and Files * If your organization is not licensed for AWR products, search for all program directories and all awr.lic/awrd.lic files and back them up to secure media such as CD-ROM. In addition, all data created with AWR products must be backed up. AWR data files have an “.emp' file extension. If your organization is not licensed for AWR products, you must also back up all files with an “.emp* file extension. © Ifyour organization has legal copies of AWR products, search for all awr.liclawrd.lic files and verity that they were legally created by AWR, * Back up all files that can be used for generating counterfeit licenses. Questions? Ifyou have any questions regarding any of the information contained in this document, do not hesitate to contact the AWR representative who provided you with this information. If you have any questions or doubts about the authenticity of any data, project, license or executable files, please forward them to your ‘WR contact for verification as to their authenticity AWR Technical Support Avbied Wave Reséarch nc. 1260, Ornt Ave Site 428" El agendas cA boas Fok OTHE 308 Foe 38,728 308 * warmapanecom Exhibit C 35EXHIBIT DFrom: gin.ping@zte.com.cn {malto:qin.ping@zte.com.cr] Sent: Monday, August 03, 2009 6:25 PM To: Ted Miracco ae: liff@zte.com.cy; gaojun@zte.com.cn; yang.ta0@zte.com.cn ‘Subject: Response from ZTE Corporation Dear Mr. Ted Miraceo, |/am Qin Ping, the IPR Manager of ZTE Corporation, and appointed to be in charge of the AWR sofware matters. On behalf of ZTE team | am hereby sending this email to confirm the receiving of your mail about ‘Copyright Infingement ZTE team attach great importance to this matter. We hope you could appoint someone speaking Chinese to. communicate with us in Shenzhen, China, So ZTE and AW could resolve any problems smoothly and without any unnecessary misunderstandings. ‘We look forward to your reply forthe suggestion ‘Thanks and regards. Ms. Qin Ping SURO AMAT aR eisai: +06-755-86027710 4B: +86-755-06027625 F_ Ws 13638010861 tFABMH: ain ping@zte.com.cn MA ea A ASAT MERA MREh IGT AIBABES HR 2g: 88 918057 Pais wow_2te.com.cn Qin Ping Legal Department, ZTE Corporation Tel: #86-755-86027710 Fax: +86-755-86027625 ‘Mobile:13598019861 E-mait:gin ping@zte.com.cn Add: Sif, A Wing, ZTE Plaza, Keji Road South, Hi-Tech Industral Park, Nanshan District, Shenzhen, P-R. China 518057 Web: ywww.zte.com.cn ZTE Information Security Notice: The information contained in this mail is solely property of the sender’s organization. This mail communication is confidential. Recipients named above are obligated to maintain secrecy and are not permitted to disclose the contents. of this communication to others. Exhibit D 36‘This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the originator of the message. Any views expressed in this message are those of the individual sender. ‘This message has been scanned for viruses and Spam by ZTE Anti-Spam system. Exhibit 37EXHIBIT E‘Ted Miracco From: Ted Miracco Sent: Monday, August 10, 2009 3:48 PM te ‘gin ping@zle.com.cn" co: 'i@zte.com.cn’;'gaojun@zte.com cn; yang tao@zte.com.cn’; Dane Cotins Subject: RE: Response from ZTE Corporation Dear Mr. Qin Ping, Thank you for your response to my letter regarding Copyright Infringement. We appreciate your cooperation and wish to work with you to resolve this matter. However, we must take this issue seriously and would like ZTE to work with AWR constructively towards resolution that will be beneficial to the long term relationship between AWR and ZTE. Unfortunately, we cannot provide a local Chinese speaking AWR representative in Shen Zhen, China. This matter must be resolved with the US based headquarters for AWR, as our field sales organization and Chinese based distribution partners do not have the authority or background to handle legal matters ofthis nature {think its best to send your questions (in English oF Chinese) directly to me. | will answer therm promptly and honestly We also look forward to @ prompt response to our letter and our request for information regarding your internal investigation. Sincere regards, “Ted A. Miracso 4855 Executive Vice Presdent/Founder ‘AWR Corporation 1960 Fast Grand Avenue, Ste, 430 BI Segundo, CA 90245, Tel: 310-524-4364 - Fax 310-362-8675 FREWCOS SRA ARAR, BARRO AIF, RHR, DUE A, BM, RHIVAVENGE MAL, ASICS EA TE, BBN, BL, AAT GERR AMR PX, . FREAK, BUT RRR —MOD AE AMR RAEN, FE, PE, RNR RES BAAS AMR, RDS RATIO SRA SH Hy 2 Rae BED AB HOA PETE AARNE EE ARS OS HE Bin RUART RAM ET MORRO AM (PARE) AB, PASM, Be HM SPEARS BOER, ARMOR, IRSAAS TH, Ted A. Miracco (463 Exhibit E 38has 2: tensa eR eee From: qin.ping@zte.com.cn [mailto:gin.ping@zte.com.cn] Sent: Monday, August 03, 2009 6:25 PM To: Ted Miracco Ce: lij@zte.com.cr; gaojun@zte.com.cr yang-tao@zte.com.cn ‘Subject: Response from ZTE Corporation Dear Mr, Ted Miraceo, {1am Qin Ping, the IPR Manager of ZTE Corporation, and appointed ta be in charge of the AWR software matters. On ‘behalf of ZTE team | am hereby sending this email to confirm the receiving of your mail about ‘Copyright Infringement’ ZTE team attach great importance to this matter. We hope you could appoint someone speaking Chinese to communicate with us in Shenzhen, China. So ZTE and AWR could resolve any problems smoothly and without any unnecessary misunderstandings. We look forward to your reply for the suggestion. Thanks and regards, Ms. Qin Ping RE SPREE DALAT) tho A DIE: 486-755-86027710 #€ Br +86-755-96027625 FW 13598019861 ‘FAB: ain pina@zte.com.cn Ss ik: Bev A DLR Ue Seas MARA A 5 HR HR AD 518057 Pos wow.2te.com.cn Qin Ping Legal Department, ZTE Corporation Tel: +86-755-8607710 Fax: 486-755-86027625 Mobile:1358019861 E-maiiginping@zte.com.cn ‘Add: S/F.,A Wing, ZTE Plaza, Keji Road South, Hi-Tech Industrial Park, ‘Nanshan District, Shenzhen, P.R. China 518057 Web: wwnw.zte.com.cn Exhibit E 392TE Information Security Notice: The information contained in this mail is sole ly property of the sender’s organization. This mail communication is confidentia 1. Recipients named above are obligated to maintain secrecy and are not permit ted to disclose the contents of this communication to others. This email and any files transmitted with it are confidential and intended sol ely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the originator of the mes sage. Any views expressed in this message are those of the individual sender. This message has been scanned for viruses and Spam by ZTE Anti-Spam system. 2 Exhibit E 40EXHIBIT F‘Ted Miracco Ted Miracco Thursday, August 27, 2000 5:22 PM ‘ain.ping@zte.com.cn’ ‘il@zte.com.cn’;'gaojun@zte.com.cn’; yang.tao@zte.com.cn’; Dane Colins RE: Response from ZT Corporation Identiying Cracked AWR Licenses_2007_09_13.pat Dear Ms. Qin Ping, ‘wrote to you on August 10, 2009 concerning the Issue of copyright infringement, It has been more than 2 weeks since | wrote to you. We have had no response to our email or letter. 11am attaching a document to assist you in the investigation. Hf you need further assistance advise us. We request an answer to this allegation by September 11, 2009. We hope the answer will nclude a business proposal for resolving the We believe itis important to ZTE to adhere to international intellectual property protection and copyright laws. Please bbe advised AWR's preference isto resolve this matter without litigation, However, we are fully prepared and, experienced with litigation if we cannot receive cooperation. Our preference is to create a positive business solution for both companies. Sincere regards, Ted Miracco Executive Vice President/Founder AWR Corporation RRORLLY RET 2009 $ 8 A 10 ASWKMXT MOMRLMAB. GOB 2 MEM, WAM RAN FEE ES RS. RAN REGALO, UPR. MRE RL — RAM. RINTERWER, LoURE 0949 A 11 A. RNA SRH OMSL. BAA, BEORP AR, FRAPPR. IVER awe AYRE, LRAT RARE RAG. CE, IAM, MRT REM SE. RAF TOBA E RRR. WPI, SARA PUTAS AR/ OED fi AWR AA] Exhibit F 41ZTE Information Security Notice: The information contained in this mail is sole ly property of the sender’s organization. This mail communication is confidentia 1. Recipients named above are obligated to maintain secrecy and are not permit ted to disclose the contents of this communication to others. This email and any files transmitted with it are confidential ‘and intended sol ely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the originator of the mes sage. Any views expressed in this message are those of the individual sender. This message has been scanned for viruses and Spam by ZTE Anti-Spam system. Exhibit F 2UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY This case has been assigned to District Judge Perey Anderson and the assigned discovery Magistrate Judge is Stephen J. Hillman, The case number on all documents filed with the Court should read as follows: cv10- 5790 PA (SHx) Pursuant to General Order 05-07 of the United States District Court for the Central District of California, the Magistrate Judge has been designated to hear discovery related motions. All discovery related motions should be noticed on the calendar of the Magistrate Judge NOTICE To COUNSEL ‘A copy ofthis notice must be served with the summons and complaint on all defendants (if @ removal action is filed, @ copy of this notice must be served on all plaintif) ‘Subsequent documents must be fled atthe following location: [X] Western Division LL Southern Division Eastern Division 312 N. Spring St,, Rm. G-8 414 West Fourth St, Rm. 1-053 3470 Twelfth St, Rm. 134 Los Angeles, CA 90012 Santa Ana, CA 92701-4516 Riverside, CA 92501 Failure to leat the proper location wil recut in your documents being returned to you. ‘cv-18 (03/06) NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY‘Name & Address: Diana M. Torres (SBN 162284) Justin Singh (SBN 226279) KIRKLAND & ELLIS LLP 333 South Hope Street Los Angeles, CA 90071 ‘Tel: (213) 680-8400 / Fax: (213) 680-8500 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ‘AWR CORPORATION, a Delaware corporation, | CASE NUMBER wooo! BYLO 5790 PA (oh ZTE CORPORATION, a Chinese corporation; ZTE USA, INC., a New Jersey Corporation, SUMMONS DEFENDANT(). TO: DEFENDANT(S): ZTE CORPORATION, a Chinese corporation; ZTE USA, INC., a New Jersey Corporation _ A lawsuit has been filed against you. Within _21__ days after service of this summons on you (not counting the day you received it), you ‘must serve on the plaintiff an answer to the attached &@ complaint [I amended complaint 1D counterclaim [1 cross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure, ‘The answer ‘or motion must be served on the plaintiff's attomey, Diana M. Torres whose address is 333 South Hope Street, Los Angeles, CA 90071 ~ ~ Ifyou fail to do so, judgment by default will be entered against you for the relief demanded in the complaint. You also must file ‘your answer or motion with the court. Clerk, U.S. District Court CHRISTOPHER PB Dated: g——A-209, By: Deputy Clerk (eal of the Cour) (Use 60 days i the defendant isthe United States or a United States agency, or is an officer or employee ofthe United States. Allowed 60 days by Rule 12(a)(3)] CoRR SORIMONSUNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA ‘CIVIL COVER SHEET 1(@) PLAINTIFFS (Chek box if you ae representing yourself) DEFENDANTS, 'AWR CORPORATION,» Delare corporation ZTE CORPORATION, a Chinese corortion; ZTE USA, INC, New Joy Coportin, () Attoreys (Frm Name, Adress and Telephone Number Ifyou representing | tomes (Knows) youssif provide sume) Diana M_Tores (SBN 162284) sia Singh (SBN 226279) KIRKLAND & ELLIS LLP, 383 Souh Hope Suet Los Angles, CA 50071 TH. BASIS OF JURISDICTION (Placean Xin one box only) fn. CITIZENSHIP OF PRINCIPAL PARTIES - Fox Diventy Goes Only (Place an X in one box for plana oe fo defendant) GIUS Govenment Painitt — 63 Federal Qasion (US. rrr DEF ror DEF Goverament Nota Pary) [Cie of This Ste DT Ot tecoporated or Principal Place 4 C4 of Busnes inhi Sie (O2US.Goveinent Defendant C4 Dives (Indicate Citzenship | Cina of Another State 102 02 tncoponted and Principal Place 5 OS ‘of Paes nem) of Besnes in Anata Site Citizen or Subject ofa Foreign Coury 303 _ Foreign Nation os a6 TV. ORIGIN (PaceanXinone box only) 1 Origins! 01.2 Removed trom C13 Remanded from C4 Reinstad oe C5 Transferred from another distict (specify. 16 Mul 017 Appeal to Distice Proceeting State Cut Appeliat: Court Reopened Diemer Judge fon Usoen Mage V_ REQUESTEDINCOMPLAINT. JURY DEMAND: Wc Os (ma Vo oy omanisn mpl) CLASS ACTION underF2RCr.23: Yes iio MoNY DEMANDED IN Contam’ reste thn 75,00 VL CAUSE OF ACTION (Cie the US. Civil Ste ude which you ae ling and write «bref saement of cause. Donte juradcional sates unio vest) Copyright iningement (13 USC 301 et 50g), ccunvention of conti tection system (15 USE 120 et eq): reach of onrac cual fa wf competion ‘VIL NATURE OF SUIT (Place an Xin oe box only) s ie SOA noe ESOS Say Sue Kegpononrest 110 bases c ani | sone [S710 rar or Sas Sato ann Bis sae kisio ater [geen fs Sooo Busendbekig 130 be ae Baas ‘Ariss poe [G37 ome ees Ma enence [170 Cage Bis Creneestce ito Negasctotnmet |. Chote (G3 Trdatening] — ticaCome’ [Rea fantee Bis. Rema ot fos Ask tee 300 One: feson fossa Gamat fos Eskom 13460 Deporatn Sven Se | Ronny Dameefas58 pomteaty [Repo Bite rektetitueces | SORES fam Petron’ [agg PORE Dees [275 DF Decl ct mont Soret Lao Str ProtutLaolty| Ober ls740 Ratna tor Ace Sraaties frst Noewe ace f2MO Me foss0 eines [Om ner ator ca4e0 Cosmet (5152 Reorayofbeted [2345 Mae [nee apal USC [3382 onCenitia| Legace Sen caesa ScomiLou nc fygy Habe i faze fig Re Esto sac service vee) fa3s2 Moe eie docs taal 28 soma 185) SeeuticvCormodiew}O 18 Rese of Mer Vie ie re Ere Srempmetet Losey Peon eo Gherse [year come sts Gatneschage 2 | Veoh sertis oe Joett vou Dve Joo race tseuo Erie swctiier'Sut fosea Remmltian- 0482 Enptoment foes Deed (a0 Tre 10990 Othe Satsy Actos 1190 Ober Cones ESMAERE. [625 ttgaee. [Sheer ae Ges) Apoatual Ac 9s comsctrote—foaes Meneame” [PMs ope 21 OSC age) HA C9St) ter Bonne Sabian | any Pouetitly [O44 Welle or [ose Blas Lang 2) a 96 loser Aeosrenma [5 Amercan wi) [60 Liportaws [O86 BIVODIWN. (oan viene Mites ee Destine foeo Reet | cox 250 Eng Assen At isk Enplonmer [B60 Aine Regs (Ot Sex tiexvt Bis Feclewortit ket [2230 Forcoue loats Aneto [ace Commons [Bass esto {deo Appeal efFe Bec [290 Ren Lee & Beceem Do Step ah inns” o40 Tere bans onlin Oe foes ote, Bt tees(us Panu Rocwihatee \a2s Tertrtittibiliy [O48 fimecerme fon Omecciwi or Den) asso Gotha o¢ (2290 Al Oder Rel open | Alen eance rae fosn its nary 25 Sav Suns, Joss Ocetoin iss FOR OFFICE USE ONLY: Case Nunber: CVI0_5790 a AFTER COMPLETING THE FRONT SIDE OF FORM CV-71, COMPLETE THE INFORMATION REQUESTED BELOW. Cea Oey “CVI COVER SHEET Page TafUNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA ‘CIVIL COVER SHEET \Vilia). IDENTICAL CASES: Has his ston been previ ied in this court an dsmised, reminded o closes? @/No Yes yes lit cae amber) VINK(b). RELATED CASES: Have any cases been previously filed in this cour that are related to the present case? MN OYes eyes, st ease mimbers} ‘Civ case are deemed related ia previous filed case andthe presen ease: (Checcll boss tht apply) DA. Arise fom the same or clomy elated aston, happenings, reves; oF DB. Calor determination of he same o subtly rested or similar questions of aw and fick; or 11C. Foc oter reasons would oti sutstantia dupiation of labo heard by ferent judges BD. tnvole the sme patent, remark copyright and one ofthe factors idetifed above ina rio present TDC-VENUE: (ea conpleing he flowing information, we an adiiional ea aay) (3) List the Coun inthis Distt California Coty ouside of this Distt, Sate if other han California; Focign Cou, in which BACH named plait sie, Check her ifthe goverment is agence or employes ia med psi Its bon checked gt tem) Coty in is isi elites County oie of this Dic: Sts, oer ta Clos o Fasgn Cony “Angeles County (@) Liste Coy inthis District, California County ouside ofthis Disc, Sate if other than Califo; or Forign Coury, which EACH named defendant side, L_Gheck bere ifthe goverment is agencies or employes i nd defendant I this box checked oto ten) Comyn is ii alitonin Cty tse of his Dist Stas if oer tha Calin or Fisgn County [ZTE Corporation: People's Republic of China*® IZTE USA, Ine: New Jersey** ++ (Also subject to personal jurisdiction in Las Angeles by way of contrac) (© Liste County inthis Distr, Caioia Cou outside of heise Stef ther ten California or Ferign County, in which EACH eli aos. Nol: fa and condemoation cass, se the lean ofthe tact of land involved Conny tiie Clitonia Coury oie of this Dist Stas, if oer hn Clon o Fasgn Coty [ros Angeles County “Los Angeles Orange, San Bernardiae, Riverside, Ventura, Santa Barbara o¢ San Las Obispo Counties Note Inland conde ‘oath oe 5nd iva X. SIGNATURE OF ATTORNEY (OR PRO PER) Notceto Couns Paris: TheCV-71 S44 Ch Ce Stet ante isformation oni een ether ec nor spent the ling and serie ofpeatigs xt papes eqn. Ts om approved yeaa Cones te Une States nSenbe174,equcel pursue kaa at. Se 6) ter tlby de Ceo he Court fort paps of sats, vn an eating Ud sec (er ve ed tla spt nace hese) eyo Sisal cose eating Social Soarly Cas [ature ofSuitCode Abbreviation Substantive Statement of Cause of Action ast HA ‘All his for bath insurance benefits (Medicare) under Tite 18, Part A ofthe Social Security Act as amended ‘Also, ince claims by hospitals, skilled musing cites, ec, fr ertetin as provers of sevice nthe progam (E208. 133FF0) a2 BL ‘All his for "Black Lang” benefits nde Tide 4, Part B ofthe Fedral Cl Mine Health and Safety Act of 1969 Gouscs) 363 pac Allclaims Hed by nswed workers fo sbi surance benefits under Tile 2f the Social Security Act, as ‘end pls acini for ls insurance bears based on disabliy, (2 USC. 405g) 363 piww Allcaims ed fg widows o widowers insurance benef based on daily unde Tile 2of the Social Security = Ach asamended. (2USC. 405(q)) 08 sip All ais fer supplemental seat income payment based upon daily fied under Tt 16 ofthe Sail Seeity ‘Act as amended ms All ims fer treet (ld age) and survivors benefis under Tie 2 ofthe Social Secury Act as amended. (12 usc@) wires ‘CIVIL COVER SHEET Page tof