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IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

WSOU INVESTMENTS, LLC d/b/a 

BRAZOS LICENSING AND 

DEVELOPMENT,

Plaintiff,

v.

Huawei Investment & Holding Co., Ltd.,

Huawei Technologies Co., Ltd.,

Huawei Technologies USA Inc.,

Huawei Device Co. Ltd. (f/k/a Huawei 

Device (Dongguan) Co.),

Huawei Device (Shenzhen) Co., Ltd. (f/k/a 

Huawei Device Co., Ltd.),

Huawei Device USA, Inc.

Defendants.

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CIVIL ACTION NO. 6:20-cv-205

JURY TRIAL DEMANDED

ORIGINAL COMPLAINT FOR PATENT 

INFRINGEMENT

Plaintiff WSOU Investments, LLC d/b/a Brazos Licensing and Development

(“Brazos” or “Plaintiff”), by and through its attorneys, files this Complaint for Patent 

Infringement against Defendants Huawei Investment & Holding Co., Ltd., Huawei 

Technologies Co., Ltd., Huawei Technologies USA Inc., Huawei Device Co. Ltd. (f/k/a 

Huawei Device (Dongguan) Co.), Huawei Device (Shenzhen) Co., Ltd. (f/k/a Huawei Device 

Co., Ltd.), and Huawei Device USA, Inc. (collectively “Huawei” or “Defendants”) and 

alleges:

NATURE OF THE ACTION

1. This is a civil action for patent infringement arising under the Patent Laws 

of the United States, 35 U.S.C. §§ 1, et seq., including §§ 271, 281, 284, and 285.

Case 6:20-cv-00205-ADA Document 1 Filed 03/20/20 Page 1 of 19
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THE PARTIES

2. Brazos is a limited liability corporation organized and existing under the laws 

of Delaware, with its principal place of business at 605 Austin Ave, Ste 6, Waco, TX 76701.

3. On information and belief, Defendant Huawei Investment & Holding Co., 

Ltd. is a Chinese corporation that does business in Texas, directly or through intermediaries,

with a principal place of business at Bantian, Longgang District, Shenzhen, 518129, 

People’s Republic of China.

4. On information and belief, Defendant Huawei Technologies Co., Ltd. is a 

Chinese corporation that does business in Texas, directly or through intermediaries, with a 

principal place of business at Bantian, Longgang District, Shenzhen 518129, People’s 

Republic of China.

5. Upon information and belief, Defendant Huawei Technologies USA Inc. is a 

corporation organized and existing under the laws of Texas that maintains an established 

place of business at 2391 NE Interstate 410 Loop, San Antonio, TX 78217. Huawei 

Technologies USA, Inc. is authorized to do business in Texas and may be served via its 

registered agent, CT Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas 

75201-3136.

6. Upon information and belief, Defendant Huawei Device Co. Ltd. (formerly 

known as Huawei Device (Dongguan) Co.) is a Chinese corporation that does business in 

Texas, directly or through intermediaries, and maintains a principal place of business in No.2 

of Xincheng Road, Songshan Lake Zone, Dongguan, Guangdong 523808, People’s 

Republic of China.

7. Upon information and belief, Huawei Device (Shenzhen) Co., Ltd. (formerly 

known as Huawei Device Co., Ltd.) is a wholly-owned subsidiary of Defendant Huawei 

Case 6:20-cv-00205-ADA Document 1 Filed 03/20/20 Page 2 of 19
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Device Co. Ltd. is a Chinese corporation that does business in Texas, directly or through 

intermediaries, and maintains a principal place of business in Bantian, Longgang District, 

Shenzhen 518129, People’s Republic of China.

8. On information and belief, Defendant Huawei Device USA, Inc., is a Texas

corporation with a principal place of business located at 5700 Tennyson Parkway, Suite 600,

Plano, Texas 75024. Huawei Device USA, Inc. is authorized to do business in Texas and 

may be served via its registered agent, CT Corporation System, 1999 Bryan Street, Suite 

900, Dallas, Texas 75201-3136.

9. All of the Defendants operate under and identify with the trade name 

“Huawei.” Each of the Defendants may be referred to individually as a “Huawei Defendant” 

and, collectively, Defendants may be referred to below as “Huawei” or as the “Huawei 

Defendants.” Upon information and belief, Defendant Huawei Investment & Holding Co., 

Ltd. provides consolidated financial reporting for Huawei entities, including all Huawei 

Defendants.

JURISDICTION AND VENUE

10. This is an action for patent infringement which arises under the Patent Laws 

of the United States, in particular, 35 U.S.C. §§271, 281, 284, and 285.

11. This Court has jurisdiction over the subject matter of this action under 28 

U.S.C. §§ 1331 and 1338(a).

12. This Court has specific and general personal jurisdiction over each Huawei

Defendant pursuant to due process and/or the Texas Long Arm Statute, because each Huawei 

Defendant has committed acts giving rise to this action within Texas and within this judicial 

district. The Court’s exercise of jurisdiction over each Huawei Defendant would not offend 

traditional notions of fair play and substantial justice because Huawei has established 

Case 6:20-cv-00205-ADA Document 1 Filed 03/20/20 Page 3 of 19
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minimum contacts with the forum. For example, on information and belief, Huawei

Defendants have committed acts of infringement in this judicial district, by among other 

things, selling and offering for sale products that infringe the asserted patent, directly or 

through intermediaries, as alleged herein.

13. Venue in the Western District of Texas is proper pursuant to 28 U.S.C. 

§§1391(b), (c)(3), and 1400(b) because Huawei Technologies USA Inc. and Huawei Device 

USA Inc. have committed acts of infringement in this judicial district and have a regular 

and established places of business in this judicial district and in Texas. As non-limiting 

examples, on information and belief, Huawei Technologies USA Inc. and Huawei Device 

USA Inc. have sold or offered to sell the Accused Products in this judicial district and have 

employees or agents that operate Huawei equipment in this judicial district, including at

189 CR 265, Georgetown, TX 78626, 1150 S Bell Blvd, Cedar Park, TX 78613, 1399 S A 

W Grimes Blvd, Round Rock, TX 78664, 12335 IH 35, Jarrell, TX 76537, 1050 Rabbit Hill 

Rd, Unit #E, Georgetown, TX 78626, 1602 A W Grimes Blvd, Round Rock, TX 78664, 

4120 IH 35 N, Georgetown, TX 78626, 900 CR 272, Leander, TX 78641, 1950 Crystal 

Falls Pkwy, Leander, TX 78641, 1101 N Industrial Blvd, Round Rock, TX 78681, 506 

McNeil Rd, Round Rock, TX 78681, 3210 Chisholm Trail Rd, Round Rock, TX 78681, 

112 Roundville Ln, Round Rock, TX 78664, 202 Central Dr W, Georgetown, TX 78628, 

3595 E Hwy 29, Georgetown, TX 78626, 1402 W Welch St, Taylor, TX 76574, 3801 Oak 

Ridge Dr, Round Rock, TX 78681, 1957 Red Bud Ln #B, Round Rock, TX 78664, 6603 S 

Lakewood Dr, Georgetown, TX 78633, 500 W Front, Hutto, TX 78634.

COUNT ONE - INFRINGEMENT OF 

U.S. PATENT NO. 9084199

14. Brazos re-alleges and incorporates by reference the preceding paragraphs 

of this Complaint.

Case 6:20-cv-00205-ADA Document 1 Filed 03/20/20 Page 4 of 19
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15. On July 14, 2015, the United States Patent and Trademark Office duly and 

legally issued U.S. Patent No. 9084199(“the ’199 Patent”), entitled “Utilization of overhead 

channel quality metrics in a cellular network.” A true and correct copy of the ’199 Patent is 

attached as Exhibit A to this Complaint.

16. Brazos is the owner of all rights, title, and interest in and to the ’199 Patent, 

including the right to assert all causes of action arising under the ’199 Patentand the right 

to any remedies for the infringement of the ’199 Patent.

17. Huawei makes, uses, sells, offers for sale, imports, and/or distributes in the 

United States, including within this judicial district, products such as, but not limited to,

Huawei base stations that generate quality metrics to dynamically adjust system or CQI 

channel configurations and power settings. (collectively, the “Accused Products”). 

18. The Accused Products include the following:

Product Technology URL 

DBS3900 (Distributed 

Base Stations)

GSM, UMTS, 

and LTE

https://e.huawei.com/us/products/wireless/eltetrunking/network-element/dbs3900

eLTE-U eAN3810A 

(AirNode AN3810A)

eLTE (enhanced 

LTE)

https://e.huawei.com/us/products/wireless/elteaccess/base-station/ean3810a

eLTE-U eAN9810A eLTE (enhanced 

LTE)

https://e.huawei.com/us/products/wireless/elteaccess/base-station/ean9810a

Indoor macro base 

station BTS3900

GSM-R and 

LTE

https://e.huawei.com/us/products/wireless/gsmr/radio-access-network/bts3900

Outdoor macro base 

station BTS3900A

GSM-R and 

LTE

https://e.huawei.com/us/products/wireless/gsmr/radio-access-network/bts3900a

19. Huawei provides base stations that supports Long Term Evolution (LTE) as 

shown. LTE is a packet-based mobile telephony standard used in 4G radio networks to 

increase data capacity and to speed up the transfer rates. LTE increases the capacity and speed 

using a different radio interface together with core network improvements. 

Case 6:20-cv-00205-ADA Document 1 Filed 03/20/20 Page 5 of 19
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https://e.huawei.com/us/products/wireless/elte-trunking/network-element/dbs3900

https://e.huawei.com/us/products/wireless/elte-access/base-station/ean3810a

https://e.huawei.com/us/products/wireless/gsm-r/radio-access-network/bts3900

Case 6:20-cv-00205-ADA Document 1 Filed 03/20/20 Page 6 of 19
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https://e.huawei.com/us/products/wireless/gsm-r/radio-access-network/bts3900a

20. To perform the LTE BLER measurement, the eNodeB sends blocks of data to 

the UE on the downlink channel. The eNodeB then monitors the positive acknowledgments 

(ACKs) and negative acknowledgments (NACKs) sent by the UE on the Physical Uplink 

Control Channel (PUCCH). In addition to ACK/NACK information, the uplink PUCCH also 

carries channel quality indicator (CQI) information.

21. The base station calculates or generates a measured BLER (Block Error Rate) 

using a decoding mechanism besides the reported CQI. UE sends the coded signal (i.e., 

ACK/NACK) in combination with CQI to the base station. Hence, the base station must 

decode the signal on the Physical Uplink Control Channel (PUCCH) to retrieve the 

information about CQI and measure the corresponding block error ratio (BLER).

https://www.scribd.com/doc/231267550/BTS3900-V100R008C00SPC220-ENodeBPerformance-Counter-Reference

Case 6:20-cv-00205-ADA Document 1 Filed 03/20/20 Page 7 of 19
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http://www.ijiee.org/papers/201-X2020.pdf

22. PUCCH is used by UE to send ACK/NACK, SR and Channel Quality 

Indicator, etc.

https://www.slideshare.net/chaudaryimran/lte-network-planning-huaweitechnologies?from_action=save

23. Huawei base stations receive CQI information and utilizes the received 

information to select the Modulation and Coding Scheme (MCS). MCS helps in achieving the 

desired BLER. 

https://www.scribd.com/document/419580448/Document-1-eLTE2-2-DBS3900-LTE-FDDOptional-Feature-Description.

Case 6:20-cv-00205-ADA Document 1 Filed 03/20/20 Page 8 of 19
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https://www.scribd.com/document/419580448/Document-1-eLTE2-2-DBS3900-LTE-FDDOptional-Feature-Description

24. CQI along with the ACK and NACK are utilized to calculate the BLER. The 

frame erasure rate is a measure of the quality of the signal, which is associated with ACK or 

NACK.

25. The base station calculates or generates an actually measured BLER (Block 

Error Rate) using a decoding mechanism besides the reported CQI. Generally, the BLER is 

related to the CQI, thus can be considered equivalent to quality metrics. Channel Quality 

Indicator (CQI) is an indicator that carries information about the quality of the communication 

channel. Depending on the CQI reported by UE, the network transmits data with different 

transport block sizes. If network gets high CQI value from UE, it transmits the data with larger 

transport block size and vice versa.

26. There can be different types of BLER measurement (i.e., Initial & Residual) 

according to conditions.

Case 6:20-cv-00205-ADA Document 1 Filed 03/20/20 Page 9 of 19
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https://ourtechplanet.com/lte-throughput-optimization-part-2-spectral-efficiency/

http://download.huawei.com/download/filedownload.do?modelID=bulletin&refID=IN0000058

152,101

27. The actually measured BLER is considered equivalent to quality metrics that 

is calculated on the basis of ACK/NACK along with CQI that the eNodeB receives from UE. 

When the eNodeB sends data to the UE and UE is unable to decode it, then UE sends a HARQ 

Case 6:20-cv-00205-ADA Document 1 Filed 03/20/20 Page 10 of 19
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negative acknowledgment (NACK) to the eNodeB. A NACK means that the eNodeB will 

have to retransmit the data and this NACK is considered IBLER or Initial Block Error (i.e., 

short-term quality metrics). The network would send a large transport block size according to 

the CQI value, and it would become highly probable that UE fails to decode it (cause CRC 

error on UE side), and UE sends NACK to network, and the network has to retransmit it which 

in turn cause waste of radio resources.

28. If the UE is unable to decode the data even after retransmission, the UE will 

send another NACK, and the eNodeB will have to retransmit again. However, there is a limit 

to these retransmissions, and usually, they are configurable. Commonly, these retransmissions 

are set to 4, and after 4 retransmissions, the eNodeB will not retransmit at HARQ level and 

consider this as a Residual Block Error (i.e., long-term quality metrics calculated over multiple 

frames). 

https://ourtechplanet.com/lte-throughput-optimization-part-2-spectral-efficiency

29. The Physical Uplink Control Channel (PUCCH) is used by UE to send SR, 

Channel Quality Indicator along with the ACK/NACK. The Residual BLER (i.e., long-term 

quality metrics) is calculated on the basis of ACK/NACK reported on the PUCCH. Therefore, 

Case 6:20-cv-00205-ADA Document 1 Filed 03/20/20 Page 11 of 19
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it can be construed that the calculation of Residual BLER (i.e., long-term quality metrics) 

requires filtering out the ACK and NACK information from the PUCCH signal over several 

frames (i.e., long-term filtering) 

https://www.slideshare.net/chaudaryimran/lte-network-planning-huaweitechnologies?from_action=save

https://ourtechplanet.com/lte-throughput-optimization-part-2-spectral-efficiency

30. Huawei eNodeB uses reported CQI to achieve the target BLER by selecting 

the appropriate MCS.

Case 6:20-cv-00205-ADA Document 1 Filed 03/20/20 Page 12 of 19
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https://www.scribd.com/document/419580448/Document-1-eLTE2-2-DBS3900-LTE-FDDOptional-Feature-Description

31. In LTE, the user equipment (UE) (also known as a mobile station) monitors 

the quality of the downlink wireless channel and periodically reports this information to the 

base station (referred to here as Node B) on the uplink. This feedback, called Channel Quality 

Indicator (CQI) in addition to ACK and NACK, is an indication of the highest data rate that 

the UE can reliably receive in the existing conditions on the downlink wireless channel.

32. The BLER target (i.e., quality setting) is assigned to the downlink channel. 

The measured BLER, which is considered equivalent to quality metrics, is calculated, and 

further, the actually measured BLER is compared to target BLER. The target BLER is 

considered equivalent to a quality setting for providing CQI adjustment. 

Case 6:20-cv-00205-ADA Document 1 Filed 03/20/20 Page 13 of 19
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https://www.scribd.com/document/419580448/Document-1-eLTE2-2-DBS3900-LTE-FDDOptional-Feature-Description

33. The base station must take care of the spectral efficiency. The base station 

(eNodeB) adjusts the CQI value (which is reported by UE) by comparing the measured BLER 

and target BLER in order to implement corresponding MCS. 

https://ourtechplanet.com/lte-throughput-optimization-part-2-spectral-efficiency/

34. Considering the difference between the target BLER and the measured BLER, 

CQI adjustment can be done. Based on the ACK/NACK indication from the UE on the 

optimum BLER target, the eNodeB (or base station) calculates the CQI offset. The eNodeB 

Case 6:20-cv-00205-ADA Document 1 Filed 03/20/20 Page 14 of 19
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then uses the CQI offset to adjust the CQI. CQI adjustment schemes allow the eNodeB to 

achieve the target BLER, which leads to maximizing the system throughput.

 

https://www.scribd.com/document/419580448/Document-1-eLTE2-2-DBS3900-LTE-FDDOptional-Feature-Description

Case 6:20-cv-00205-ADA Document 1 Filed 03/20/20 Page 15 of 19
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LTE Optimization Engineering Handbook, John Wiley & Sons, Sep 14, 2017, Page 69 &7.

35. The base station must take care of the spectral efficiency. The base station 

(eNodeB) adjusts the CQI value (which is reported by UE) by comparing the measured BLER 

and target BLER in order to implement corresponding MCS. Most of the vendors/service 

providers maintain a BLER target of 10%. Thus, CQI adjustment plays a vital role in deciding 

the MCS and achieving the desired BLER.

Case 6:20-cv-00205-ADA Document 1 Filed 03/20/20 Page 16 of 19
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https://ourtechplanet.com/lte-throughput-optimization-part-2-spectral-efficiency/

36. In view of preceding paragraphs, each and every element of at least claim 1

of the ’199 Patent is found in the Accused Products.

37. Huawei has and continues to directly infringe at least one claim of the ’199

Patent, literally or under the doctrine of equivalents, by making, using, selling, offering for 

sale, importing, and/or distributing the Accused Products in the United States, including 

within this judicial district, without the authority of Brazos.

38. Huawei has received notice and actual or constructive knowledge of the ’199

Patent since at least the date of service of this Complaint.

39. Since at least the date of service of this Complaint, through its actions, 

Huawei has actively induced product makers, distributors, retailers, and/or end users of the 

Accused Products to infringe the ’199 Patent throughout the United States, including within 

this judicial district, by, among other things, advertising and promoting the use of the Accused 

Products in various websites, including providing and disseminating product descriptions, 

operating manuals, and other instructions on how to implement and configure the Accused 

Case 6:20-cv-00205-ADA Document 1 Filed 03/20/20 Page 17 of 19
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Products. Examples of such advertising, promoting, and/or instructing include the documents 

at:

• https://e.huawei.com/us/products/wireless/elte-trunking/network-element/dbs3900

• https://e.huawei.com/us/products/wireless/elte-access/base-station/ean3810a

• https://e.huawei.com/us/products/wireless/gsm-r/radio-access-network/bts3900

• https://e.huawei.com/us/products/wireless/gsm-r/radio-access-network/bts3900a

• https://www.scribd.com/doc/231267550/BTS3900-V100R008C00SPC220-ENodeBPerformance-Counter-Reference

• http://www.ijiee.org/papers/201-X2020.pdf,

• https://www.slideshare.net/chaudaryimran/lte-network-planning-huaweitechnologies?from_action=save

• https://www.scribd.com/document/419580448/Document-1-eLTE2-2-DBS3900-LTEFDD-Optional-Feature-Description

• https://ourtechplanet.com/lte-throughput-optimization-part-2-spectral-efficiency/

• http://download.huawei.com/download/filedownload.do?modelID=bulletin&refID=I

N0000058152,101

40. Since at least the date of service of this Complaint, through its actions, Huawei

has contributed to the infringement of the ’199 Patent by having others sell, offer for sale, or 

use the Accused Products throughout the United States, including within this judicial district, 

with knowledge that the Accused Products infringe the ’199 Patent. The Accused Products are 

especially made or adapted for infringing the ’199 Patent and have no substantial noninfringing use. For example, in view of the preceding paragraphs, the Accused Products 

contain functionality which is material to at least one claim of the ’199 Patent.

JURY DEMAND

Brazos hereby demands a jury on all issues so triable.

REQUEST FOR RELIEF

WHEREFORE, Brazos respectfully requests that the Court:

(A) Enter judgment that Huawei infringes one or more claims of the ’199 Patent 

literally and/or under the doctrine of equivalents;

Case 6:20-cv-00205-ADA Document 1 Filed 03/20/20 Page 18 of 19
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(B) Enter judgment that Huawei has induced infringement and continues to 

induce infringement of one or more claims of the ’199 Patent;

(C) Enter judgment that Huawei has contributed to and continues to contribute 

to the infringement of one or more claims of the ’199 Patent;

(D) Award Brazos damages, to be paid by Huawei in an amount adequate to 

compensate Brazos for such damages, together with pre-judgment and post-judgment 

interest for the infringement by Huawei of the ’199 Patent through the date such judgment 

is entered in accordance with 35 U.S.C. §284, and increase such award by up to three times 

the amount found or assessed in accordance with 35 U.S.C. §284;

(E) Declare this case exceptional pursuant to 35 U.S.C. §285; and

(F) Award Brazos its costs, disbursements, attorneys’ fees, and such further and 

additional relief as is deemed appropriate by this Court.

Dated: March 20, 2020 Respectfully submitted,

/s/ James L. Etheridge

James L. Etheridge

Texas State Bar No. 24059147 

Ryan S. Loveless

Texas State Bar No. 24036997 

Travis L. Richins

Texas State Bar No. 24061296

ETHERIDGE LAW GROUP, PLLC

2600 E. Southlake Blvd., Suite 120 / 324

Southlake, Texas 76092

Telephone: (817) 470-7249

Facsimile: (817) 887-5950

Jim@EtheridgeLaw.com

Ryan@EtheridgeLaw.com

Travis@EtheridgeLaw.com

COUNSEL FOR PLAINTIFF

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