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.

DELL TECHNOLOGIES INC., DELL

INC., AND EMC CORPORATION,

Defendants.

Case No. 6:20-cv-00477-ADA

Case No. 6:20-cv-00482-ADA

JURY TRIAL DEMANDED

DECLARATION OF BRIAN A. ROSENTHAL IN SUPPORT OF

DEFENDANTS’ RESPONSIVE CLAIM CONSTRUCTION BRIEF 

REGARDING PATENT NOS. 7,424,020 & 8,913,489

Case 6:20-cv-00477-ADA Document 83-1 Filed 03/17/21 Page 1 of 4
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I, Brian A. Rosenthal, declare as follows:

1. I am an attorney permitted to practice law before this Court pro hac vice and am 

licensed to practice law in New York and the District of Columbia. I am a partner with the law 

firm of Gibson, Dunn & Crutcher LLP and counsel of record for Defendants Dell Technologies 

Inc., Dell Inc. and EMC Corporation in the above-captioned action. I have personal knowledge 

and/or am directly informed of the matters stated below and, if called, would testify to them under 

oath.

2. Attached hereto as Exhibit 1 is a true and correct copy of the October 3, 2006 NonFinal Rejection, from the file history of U.S. Patent No. 7,424,020. This was retrieved from the 

United States Patent Office’s website (https://portal.uspto.gov/pair/PublicPair) on March 13, 2021.

3. Attached hereto as Exhibit 2 is a true and correct copy of the April 3, 2007 Final 

Rejection, from the file history of U.S. Patent No. 7,424,020. This was retrieved from the United 

States Patent Office’s website (https://portal.uspto.gov/pair/PublicPair) on March 13, 2021.

4. Attached hereto as Exhibit 3 is a true and correct copy of the June 25, 2007 

applicant’s argument, from the file history of U.S. Patent No. 7,424,020. This was retrieved from 

the United States Patent Office’s website (https://portal.uspto.gov/pair/PublicPair) on March 13, 

2021.

5. Attached hereto as Exhibit 4 is a true and correct copy of the October 3, 2002 

claims, from the file history of U.S. Patent No. 7,424,020. This was retrieved from the United 

States Patent Office’s website (https://portal.uspto.gov/pair/PublicPair) on March 13, 2021.

6. Attached hereto as Exhibit 5 is a true and correct copy of the January 3, 2007 

applicant’s argument, from the file history of U.S. Patent No. 7,424,020. This was retrieved from 

the United States Patent Office’s website (https://portal.uspto.gov/pair/PublicPair) on March 13, 

Case 6:20-cv-00477-ADA Document 83-1 Filed 03/17/21 Page 2 of 4
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2021.

7. Attached hereto as Exhibit 6 is a true and correct copy of the MPEP section 2181, 

retrieved from the United States Patent Office’s website 

(https://www.uspto.gov/web/offices/pac/mpep/s2181.html) on March 14, 2021.

8. Attached hereto as Exhibit 7 is a true and correct copy of Plaintiff’s Disclosure of 

Extrinsic Evidence and Defendants’ Identification of Extrinsic Evidence, both dated January 27, 

2021.

9. Attached hereto as Exhibit 8 is a true and correct copy of the October 5, 2007 NonFinal Rejection, from the file history of U.S. Patent No. 7,424,020. This was retrieved from the 

United States Patent Office’s website (https://portal.uspto.gov/pair/PublicPair) on March 13, 2021.

10. Attached hereto as Exhibit 9 is a true and correct copy of the February 4, 2008 

applicant’s argument, from the file history of U.S. Patent No. 7,424,020. This was retrieved from 

the United States Patent Office’s website (https://portal.uspto.gov/pair/PublicPair) on March 13, 

2021.

11. Attached hereto as Exhibit 10 is a true and correct copy of excerpts from Concise 

Telecom Networking Dictionary, dated 2000 and bearing the bates numbers Dell-WSOU-CC000008–014.

12. Attached here as Exhibit 11 is a true and correct copy of excerpts from 

Telecommunications: Glossary of Telecommunication Terms, dated August 7, 1996, retrieved 

from https://www.its.bldrdoc.gov/fs-1037/fs-1037c.htm on January 22, 2021 and bearing the bates 

numbers Dell-WSOU-CC-000480–485.

13. Attached hereto as Exhibit 12 is a true and correct copy of the definitions of “bus 

topology” and “network topology,” retrieved from the ATIS Telecom Glossary 

Case 6:20-cv-00477-ADA Document 83-1 Filed 03/17/21 Page 3 of 4
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(https://glossary.atis.org) on January 27, 2021 and bearing the bates numbers Dell-WSOU-CC000522–524.

14. I declare under penalty of perjury that the foregoing is true and correct.

Dated: March 17, 2021

/s/ Brian A. Rosenthal 

Brian A. Rosenthal

Case 6:20-cv-00477-ADA Document 83-1 Filed 03/17/21 Page 4 of 4