Novatel MiFi Suit

1 MICHAEL J.
BETTINGER (SBN 122196)

TIMOTHY PAAR WALKER (SBN 105001)
2 HOLLY HOGAN (SBN 238714)
K&L GATES LLP
3 4 Embarcadero Center, Suite 1200
San Francisco, California 94111-5994
4 Telephone: 415.882.8200
Facsimile: 415.882.8220
5 mike.bettinger@klgates.com
timothy.walker@klgates.com
6 holly.hogan@klgates.com
7
Attorneys for Plaintiffs
8 NOVATEL WIRELESS, INC. and
NOVATEL WIRELESS SOLUTIONS, INC.
9
10
IN THE UNITED STATES DISTRICT COURT
11
FOR THE SOUTHERN DISTRICT OF CALIFORNIA
12
13 NOVATEL WIRELESS, INC., a Delaware Case No.

corporation, and NOVATEL WIRELESS
14 SOLUTIONS, INC., a Delaware COMPLAINT FOR PATENT
corporation, INFRINGEMENT
15
Plaintiffs, Jury Trial Demanded
16
v.
17
FRANKLIN WIRELESS CORP., a Nevada
18 corporation, ZTE CORP., a China
corporation, and ZTE (USA), Inc., a New
19 Jersey corporation,
20
Defendants.
21
Plaintiffs Novatel Wireless, Inc. and Novatel Wireless Solutions, Inc. hereby complain of
22
Defendants Franklin Wireless Corp., ZTE Corp. and ZTE (USA), Inc. (collectively, Defendants ),
23
and by this complaint alleges as follows:
24
25
THE PARTIES
26
1. Novatel Wireless, Inc. is a Delaware corporation with its headquarters and principal
27
place of business at 9645 Scranton Road, Suite 205, San Diego, California 92121. Novatel Wireless
28
-1- Printed on Recycled Paper

COMPLAINT
1 Solutions, Inc. is a Delaware corporation with its principal place of business at 9645 Scranton Road,
2 Suite 205, San Diego, California 92121, and is a wholly owned subsidiary of Novatel Wireless, Inc.
3 Novatel Wireless, Inc. and Novatel Wireless Solutions, Inc. are collectively referred to herein as
4 Novatel Wireless.
5 2. Novatel Wireless is a leading provider of wireless broadband access for the world
6 wide mobile communications market. Novatel Wireless pioneered, and recently introduced, the
7 industry s first Intelligent Mobile Data Hotspot, the Novatel Wireless MiFi®, which creates a
8 personal cloud of high-speed internet connectivity that can be easily shared among multiple users.
9 3. Franklin Wireless Corp. ( Franklin Wireless ) is a Nevada corporation with its
10 headquarters and principal place of business at 5440 Morehouse Drive, Suite 1000, San Diego, CA
11 92121. Franklin Wireless is engaged in the design, manufacture and sale of wireless data products.
12 4. ZTE Corp. ( ZTE ) is a China corporation with its principal place of business at
13 ZTE Plaza, Keji Road South, Hi-tech Industrial Park, Nanshan District, Shenzhen, Guangdong,
14 China 51807. ZTE is a provider of telecommunications equipment and network solutions.
15 5. ZTE conducts business in the United States through its wholly-owned U.S. entity
16 ZTE (USA), Inc. ( ZTE USA ).
17 6. Upon information and belief, ZTE USA conducts research and development
18 activities, with respect to the infringing products, at its facilities in the Southern District of
19 California at 10105 Pacific Heights Boulevard, Suite 250, San Diego, CA 92121.
20 JURISDICTION AND VENUE
21 7. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338.
22 8. Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b)-(d) and 1400(b).
23 Defendants Franklin Wireless and ZTE USA reside in this District. Defendant ZTE is an alien
24 that conducts business in this District through its wholly-owned subsidiary ZTE USA. A
25 substantial part of the infringing conduct giving rise to this Complaint has occurred in this
26 District. The patents at issue in this Complaint are owned by, and assigned to, Novatel Wireless,
27 which is headquartered in this District.
28

COMPLAINT
1
2 First Claim for Relief

3 (Patent Infringement - U.S. Patent No. 5,129,098)
4 8. Novatel Wireless is the owner by assignment of U.S. Patent No. 5,129,098 ( the 098
5 patent ), entitled Radio Telephone Using Received Signal Strength In Controlling Transmission
6 Power a true copy of which is attached hereto as Exhibit 1. The 098 patent was duly and legally
7 issued on July 7, 1992.
8 9. Defendant Franklin Wireless has infringed the 098 patent, by using, selling and/or
9 offering to sell, within the United States, and/or by importing into the United States, products,
10 including, but not limited to, mobile data hot spots and data modems, which embody and/or practice
11 the claims of the 098 patent in violation of 35 U.S.C. § 271.
12 10. Defendants ZTE and ZTE USA have infringed the 098 patent, by using, selling
13 and/or offering to sell, within the United States, and/or by importing into the United States, products,
14 including, but not limited to, mobile data hot spots and data modems, which embody and/or practice
15 the claims of the 098 patent in violation of 35 U.S.C. § 271.
16 11. Defendants have induced others to infringe the 098 patent in violation of 35 U.S.C §
17 271, by taking active steps to encourage and facilitate others direct infringement of the claims of the
18 098 patent with knowledge of that infringement, such as, upon information and belief, by
19 contracting for the distribution of the infringing products for infringing sale such as by retail sales
20 outlets, by marketing the infringing products, by creating and/or distributing user manuals for the
21 infringing products, and by supplying warranty coverage for the infringing products sold in this State
22 and in this District.
23 12. Defendants have contributorily infringed the 098 patent in violation of 35 U.S.C. §
24 271, by selling within the United States, offering for sale within the United States, and/or importing
25 components that embody a material part of the inventions described in the claims of the 098 patent,
26 are known by Defendants to be especially made or specially adapted for use in infringement of the
27 claims of the 098 patent, and are not staple articles or commodities suitable for substantial, non-
28 infringing use, including certain modems and non-staple constituent parts of those modems.

COMPLAINT
1 13. Novatel Wireless has put Defendants on notice of the 098 patent and Defendants
2 infringement thereof, and, upon information and belief, Defendants had actual knowledge of the
3 098 patent.
4 14. As a result of Defendants infringement, Novatel Wireless has suffered substantial
5 damages.
6 Second Claim for Relief
9 patent ), entitled Object Oriented Software Architecture For Software Reconfigurable Wireless
10 Modem a true copy of which is attached hereto as Exhibit 2. The 225 patent was duly and legally
11 issued on January 8, 2008.
12 16. Franklin Wireless has infringed and continues to infringe the 225 patent, by using,
13 selling and/or offering to sell, within the United States, and/or by importing into the United States,
14 products, including, but not limited to, mobile data hot spots and data modems, which embody
15 and/or practice the claims of the 225 patent in violation of 35 U.S.C. § 271.
16 17. ZTE and ZTE USA have infringed and continue to infringe the 225 patent, by using,
20 18. Defendants have induced, and continue to induce, others to infringe the 225 patent in
21 violation of 35 U.S.C § 271, by taking active steps to encourage and facilitate others direct
22 infringement of the claims of the 225 patent with knowledge of that infringement, such as, upon
23 information and belief, by contracting for the distribution of the infringing products for infringing
24 sale such as by retail sales outlets, by marketing the infringing products, by creating and/or
25 distributing user manuals for the infringing products, and by supplying warranty coverage for the
26 infringing products sold in this State and in this District.

COMPLAINT
7 225 patent.
8 21. As a result of Defendants infringement, Novatel Wireless has suffered, and will
9 continue to suffer, substantial damages. Novatel Wireless will also suffer irreparable harm unless
10 Defendants infringement is enjoined by this Court.
11 Third Claim for Relief
14 patent ), entitled Systems And Methods For Secure Communication Over A Wireless Network
15 a true copy of which is attached hereto as Exhibit 3. The 737 patent was duly and legally issued on
16 August 11, 2009.
25 25. Defendants have induced, and continue to induce, others to infringe the 737 patent in
26 violation of 35 U.S.C § 271, by taking active steps to encourage and facilitate others direct

COMPLAINT
12 737 patent.
13 28. As a result of Defendants infringement, Novatel Wireless has suffered, and will
14 continue to suffer, substantial damages. Novatel Wireless will also suffer irreparable harm unless
15 Defendants infringement is enjoined by this Court.
16 Fourth Claim for Relief
19 patent ), entitled Systems and Methods For A Multi-Mode Wireless Modem a true copy of
20 which is attached hereto as Exhibit 4. The 715 patent was duly and legally issued on January 15,
21 2008.
24 products, including, but not limited to, data modems, which embody and/or practice the claims of the
25 715 patent in violation of 35 U.S.C. § 271.
26 31. Franklin Wireless has induced, and continues to induce, others to infringe the 715
27 patent in violation of 35 U.S.C § 271, by taking active steps to encourage and facilitate others direct

COMPLAINT
5 32. Franklin Wireless has contributorily infringed the 715 patent in violation of 35
6 U.S.C. § 271, by selling within the United States, offering for sale within the United States, and/or
7 importing components that embody a material part of the inventions described in the claims of the
8 715 patent, are known by Franklin Wireless to be especially made or specially adapted for use in
9 infringement of the claims of the 715 patent, and are not staple articles or commodities suitable for
10 substantial, non-infringing use, including certain modems and non-staple constituent parts of those
11 modems.
12 33. Novatel Wireless has put Franklin Wireless on notice of the 715 patent and Franklin
13 Wireless s infringement thereof, and, upon information and belief, Franklin Wireless had actual
14 knowledge of the 715 patent.
15 34. As a result of Franklin Wireless s infringement, Novatel Wireless has suffered, and
16 will continue to suffer, substantial damages. Novatel Wireless will also suffer irreparable harm
17 unless Franklin Wireless s infringement is enjoined by this Court.
18 Fifth Claim for Relief
21 patent ), entitled Method and Apparatus for a Software Configurable Wireless Modem
22 Adaptable for Multiple Modes of Operation a true copy of which is attached hereto as Exhibit 5.
23 The 556 patent was duly and legally issued on August 31, 2004.
26 products, including, but not limited to, data modems, which embody and/or practice the claims of the
27 556 patent in violation of 35 U.S.C. § 271.
28

COMPLAINT
1 37. ZTE and ZTE USA have induced, and continue to induce, others to infringe the 556
2 patent in violation of 35 U.S.C § 271, by taking active steps to encourage and facilitate others direct
8 38. ZTE and ZTE USA have contributorily infringed the 556 patent in violation of 35
9 U.S.C. § 271, by selling within the United States, offering for sale within the United States, and/or
10 importing components that embody a material part of the inventions described in the claims of the
11 556 patent, are known by ZTE and ZTE USA to be especially made or specially adapted for use in
12 infringement of the claims of the 556 patent, and are not staple articles or commodities suitable for
13 substantial, non-infringing use, including certain modems and non-staple constituent parts of those
14 modems.
15 39. Novatel Wireless has put ZTE and ZTE USA on notice of the 556 patent and ZTE s
16 and ZTE USA s infringement thereof, and, upon information and belief, ZTE and ZTE USA had
17 actual knowledge of the 556 patent.
18 40. As a result of ZTE s and ZTE USA s infringement, Novatel Wireless has suffered,
19 and will continue to suffer, substantial damages. Novatel Wireless will also suffer irreparable harm
20 unless ZTE and ZTE USA s infringement is enjoined by this Court.
21 WHEREFORE, Novatel Wireless requests that the Court:
22 1. Adjudge that Franklin Wireless has infringed the 098 patent and has infringed and
23 continues to infringe the 715, 225, and 737 patents;
24 2. Adjudge that ZTE and ZTE USA have infringed the 098 patent and has infringed and
25 continue to infringe the 225, 737, and 556 patents;
26 3. Preliminarily and permanently enjoin Franklin Wireless from further infringement of
27 the 715, 225, and 737 patents;
28 4. Preliminarily and permanently enjoin ZTE and ZTE USA from further infringement

COMPLAINT
1 of the 225, 737, and 556 patents;
2 5. Award Novatel Wireless compensatory damages;
3 6. Award Novatel Wireless enhanced damages of treble its actual damages for willful
4 infringement;
5 7. Award Novatel Wireless its costs and reasonable experts fees and attorneys fees;
6 and
7 8. Award Novatel Wireless such other relief as the Court deems just and proper.
8
9
Dated: December 9, 2010 K&L GATES LLP
10
11
By: /s/ Michael J. Bettinger
12
Michael J. Bettinger
13
Attorneys for Plaintiffs Novatel Wireless, Inc.
14 and Novatel Wireless Solutions, Inc.
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COMPLAINT
1 REQUEST FOR TRIAL BY JURY
2
3 Plaintiff claims trial by jury on all issues so triable.
5
Dated: December 9, 2010 K&L GATES LLP
6
7
By: /s/ Michael J. Bettinger
8 Michael J. Bettinger
9 Attorneys for Plaintiff Novatel Wireless, Inc
and Novatel Wireless Solutions, Inc.
10
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- 10 - Printed on Recycled Paper

COMPLAINT
Exhibit 1, Page 11
Exhibit 1, Page 12
Exhibit 1, Page 13
Exhibit 1, Page 14
Exhibit 1, Page 15
Exhibit 1, Page 16
Exhibit 1, Page 17
Exhibit 1, Page 18
Exhibit 1, Page 19
Exhibit 1, Page 20
Exhibit 1, Page 21
Exhibit 1, Page 22
Exhibit 1, Page 23
Exhibit 1, Page 24
Exhibit 2, page 25
Exhibit 2, page 26
Exhibit 2, page 27
Exhibit 2, page 28
Exhibit 2, page 29
Exhibit 2, page 30
Exhibit 2, page 31
Exhibit 2, page 32
Exhibit 2, page 33
Exhibit 2, page 34
Exhibit 2, page 35
Exhibit 2, page 36
Exhibit 2, page 37
Exhibit 2, page 38
Exhibit 2, page 39
Exhibit 3, page 40
Exhibit 3, page 41
Exhibit 3, page 42
Exhibit 3, page 43
Exhibit 3, page 44
Exhibit 3, page 45
Exhibit 3, page 46
Exhibit 3, page 47
Exhibit 3, page 48
Exhibit 3, page 49
Exhibit 3, page 50
Exhibit 3, page 51
Exhibit 3, page 52
Exhibit 3, page 53
Exhibit 3, page 54
Exhibit 3, page 55
Exhibit 3, page 56
Exhibit 3, page 57
Exhibit 3, page 58
Exhibit 4, page 59
Exhibit 4, page 60
Exhibit 4, page 61
Exhibit 4, page 62
Exhibit 4, page 63
Exhibit 4, page 64
Exhibit 4, page 65
Exhibit 4, page 66
Exhibit 4, page 67
Exhibit 4, page 68
Exhibit 4, page 69
Exhibit 4, page 70
Exhibit 4, page 71
Exhibit 4, page 72
Exhibit 4, page 73
Exhibit 4, page 74
Exhibit 4, page 75
Exhibit 4, page 76
Exhibit 4, page 77
Exhibit 5, page 78
Exhibit 5, page 79
Exhibit 5, page 80
Exhibit 5, page 81
Exhibit 5, page 82
Exhibit 5, page 83
Exhibit 5, page 84
Exhibit 5, page 85
Exhibit 5, page 86
Exhibit 5, page 87
Exhibit 5, page 88
Exhibit 5, page 89
Exhibit 5, page 90
Exhibit 5, page 91
Exhibit 5, page 92
Exhibit 5, page 93
JS 44 (Rev. 12/07) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided
by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating
the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)
I. (a) PLAINTIFFS DEFENDANTS

NOVATEL WIRELESS, INC., a Delaware corporation, and FRANKLIN WIRELESS CORP., a Nevada corporation, ZTE
NOVATEL WIRELESS SOLUTIONS, INC., a Delaware corporation CORP., a China corporation, and ZTE (USA), Inc., a New
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOLVED.
(c) Attorney s (Firm Name, Address, and Telephone Number) Attorneys (If Known)
K&L Gates, LLP, 4 Embarcadero Center, #1200
San Francisco, CA 94111 (415)882-8200
II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant of Business In Another State
(Indicate Citizenship of Parties in Item III)
Citizen or Subject of a 3 3 Foreign Nation 6 6
Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 610 Agriculture 422 Appeal 28 USC 158 400 State Reapportionment
120 Marine 310 Airplane 362 Personal Injury - 620 Other Food & Drug 423 Withdrawal 410 Antitrust
130 Miller Act 315 Airplane Product Med. Malpractice 625 Drug Related Seizure 28 USC 157 430 Banks and Banking
140 Negotiable Instrument Liability 365 Personal Injury - of Property 21 USC 881 450 Commerce
150 Recovery of Overpayment 320 Assault, Libel & Product Liability 630 Liquor Laws PROPERTY RIGHTS 460 Deportation
& Enforcement of Judgment Slander 368 Asbestos Personal 640 R.R. & Truck 820 Copyrights 470 Racketeer Influenced and
151 Medicare Act 330 Federal Employers Injury Product 650 Airline Regs. 830 Patent Corrupt Organizations
152 Recovery of Defaulted Liability Liability 660 Occupational 840 Trademark 480 Consumer Credit
Student Loans 340 Marine PERSONAL PROPERTY Safety/Health 490 Cable/Sat TV
(Excl. Veterans) 345 Marine Product 370 Other Fraud 690 Other 810 Selective Service
153 Recovery of Overpayment Liability 371 Truth in Lending LABOR SOCIAL SECURITY 850 Securities/Commodities/
of Veteran s Benefits 350 Motor Vehicle 380 Other Personal 710 Fair Labor Standards 861 HIA (1395ff) Exchange
160 Stockholders Suits 355 Motor Vehicle Property Damage Act 862 Black Lung (923) 875 Customer Challenge
190 Other Contract Product Liability 385 Property Damage 720 Labor/Mgmt. Relations 863 DIWC/DIWW (405(g)) 12 USC 3410
195 Contract Product Liability 360 Other Personal Product Liability 730 Labor/Mgmt.Reporting 864 SSID Title XVI 890 Other Statutory Actions
196 Franchise Injury & Disclosure Act 865 RSI (405(g)) 891 Agricultural Acts
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 740 Railway Labor Act FEDERAL TAX SUITS 892 Economic Stabilization Act
210 Land Condemnation 441 Voting 510 Motions to Vacate 790 Other Labor Litigation 870 Taxes (U.S. Plaintiff 893 Environmental Matters
220 Foreclosure 442 Employment Sentence 791 Empl. Ret. Inc. or Defendant) 894 Energy Allocation Act
230 Rent Lease & Ejectment 443 Housing/ Habeas Corpus: Security Act 871 IRS Third Party 895 Freedom of Information
240 Torts to Land Accommodations 530 General 26 USC 7609 Act
245 Tort Product Liability 444 Welfare 535 Death Penalty IMMIGRATION 900Appeal of Fee Determination
290 All Other Real Property 445 Amer. w/Disabilities - 540 Mandamus & Other 462 Naturalization Application Under Equal Access
Employment 550 Civil Rights 463 Habeas Corpus - to Justice
446 Amer. w/Disabilities - 555 Prison Condition Alien Detainee 950 Constitutionality of
Other 465 Other Immigration State Statutes
440 Other Civil Rights Actions
V. ORIGIN (Place an X in One Box Only) Appeal to District

1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from
another district 6 Multidistrict 7 Judge from
Magistrate
Proceeding State Court Appellate Court Reopened Litigation
(specify) Judgment
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
VI. CAUSE OF ACTION Brief description of cause:
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER F.R.C.P. 23 JURY DEMAND: Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 12/07)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required
by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use
of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint
filed. The attorney filing a case should complete the form as follows:
I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only
the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving
both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time
of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases,
the county of residence of the defendant is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section (see attachment) .
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an X in one
of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an X in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the
Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box
1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the
different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section
for each principal party.
IV. Nature of Suit. Place an X in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient
to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select
the most definitive.
V. Origin. Place an X in one of the seven boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition
for removal is granted, check this box.
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Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict
litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box
is checked, do not check (5) above.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge s decision.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes
unless diversity. Example: U.S. Civil Statute: 47 USC 553
Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an X in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers
and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

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1 MICHAEL J.

BETTINGER (SBN 122196)

13 NOVATEL WIRELESS, INC., a Delaware Case No.

-1- Printed on Recycled Paper

-2- Printed on Recycled Paper

2 First Claim for Relief

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3 Plaintiff claims trial by jury on all issues so triable.

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I. (a) PLAINTIFFS DEFENDANTS

V. ORIGIN (Place an X in One Box Only) Appeal to District

DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

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