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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.

DELL TECHNOLOGIES INC., DELL INC.,

EMC CORPORATION, AND VMWARE, 

INC.,

Defendants.

Case No. 6:20-cv-00473-ADA

Case No. 6:20-cv-00474-ADA

Case No. 6:20-cv-00475-ADA

Case No. 6:20-cv-00476-ADA

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

Case No. 6:20-cv-00478-ADA

Case No. 6:20-cv-00479-ADA

Case No. 6:20-cv-00480-ADA

Case No. 6:20-cv-00481-ADA

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

Case No. 6:20-cv-00485-ADA

Case No. 6:20-cv-00486-ADA

JURY TRIAL DEMANDED

JOINT NOTICE TO AMEND SCHEDULING ORDER

Plaintiff WSOU Investments, LLC d/b/a Brazos Licensing and Development (“WSOU”) 

and Defendants Dell Technologies Inc., Dell Inc., EMC Corporation, and VMware, Inc. 

(collectively, “Defendants”), (collectively, the “Parties”), pursuant to the Court’s Standing Order 

Regarding Joint or Unopposed Request to Change Deadlines, hereby respectfully provide this Joint 

Notice to memorialize their agreement to extend case deadlines. The Parties have agreed to adjust 

the Scheduling Order to afford the Parties more time to streamline the cases, to reduce the number 

of claims and prior art references currently at issue, to provide the parties more time to resolve 

outstanding discovery disputes, and to provide additional time to complete depositions and further 

prepare for trial and expert discovery. The Parties have jointly agreed to modify the schedule as 

follows:

Case 6:20-cv-00475-ADA Document 125 Filed 11/29/21 Page 1 of 7
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Event Original Deadline New Deadline

Deadline to serve ROGs, RFPs, and RFAs. November 10, 2021 The Parties agree that the 

deadline to serve ROGs, 

RFPs, and RFAs has 

passed, and that no new 

ROGs, RFPs, or RFAs 

(other than potentially 

RFAs for authentication, 

to be discussed among the 

parties) may be served. 

This does not prevent 

either party from seeking 

relief from the Court on 

discovery already served.

Deadline to add patents. Not specifically addressed 

in prior scheduling order

The Parties agree that no

new patents may be added 

to any of the pending 

cases.

Deadline for Defendants to provide access to 

source code in Austin, Texas.

Not specifically addressed 

in prior scheduling order

December 1, 2021

Deadline for Parties to serve all subpoenas or 

deposition notices by December 2, 2021 at 5

pm CT, after which, Parties agree to serve no 

new subpoenas or deposition notices unless 

otherwise mutually agreed. 

If, after this deadline, a Party updates or 

supplements its disclosures to add or change

witnesses, or if in good faith an identification 

of a new witness arises in the context of a 

deposition, a Party may serve a subpoena or 

deposition notice for that new witness.

Not specifically addressed 

in prior scheduling order

December 2, 2021

Deadline for Defendants to update or 

supplement disclosures identifying 

witnesses with knowledge of financial 

information and technical information for 

each accused product.

Not specifically addressed 

in prior scheduling order

December 3, 2021

Deadline to submit any remaining disputes 

from the first meet and confer regarding

narrowing the number of specific claims 

asserted and specific prior art references to 

be asserted. 

Unless the parties agree on the narrowing, 

Not specifically addressed 

in prior scheduling order 

(deadline to hold first 

meet and confer was 

October 29, 2021)

December 3, 2021

Case 6:20-cv-00475-ADA Document 125 Filed 11/29/21 Page 2 of 7
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Event Original Deadline New Deadline

they are ordered to contact the Court’s Law 

Clerk to arrange a teleconference with the 

Court to resolve the disputed issues.

Deadline for WSOU to dismiss with 

prejudice three cases. Dismissals will be 

with each side to bear its own costs and fees.

As noted below, of the at least six cases 

WSOU dismisses by the close of fact 

discovery (at least three by January 15, 2021 

and at least three by May 6, 2022), at least 

one case dismissed must be against 

VMware/Dell/EMC (i.e., case nos. 6:20-cv480; 6:20-cv-481; 6:20-cv-485; 6:20-cv486) and at least two cases dismissed must 

be against Dell/EMC (i.e., Case Nos. 6:20-

cv-473; 6:20-cv-474; 6:20-cv-475; 6:20-cv476; 6:20-cv-477; 6:20-cv-478; 6:20-cv479; 6:20-cv-482).

Not specifically addressed 

in prior scheduling order

January 15, 2022

Deadline to begin the process in the OGP 

(pages 2 and 3) to Resolve Any Remaining 

Discovery Disputes (or the then current 

OGP process for resolving Discovery 

Disputes).

Not specifically addressed 

in prior scheduling order

April 1, 2022

All filings with the Court 

due by April 8, 2022

Close of Fact Discovery. December 10, 2021 May 6, 2022

Deadline for WSOU to dismiss with 

prejudice three, if not more, additional cases. 

Dismissals will be with each side to bear its 

own costs and fees.

Of the at least six cases WSOU dismisses by 

the close of fact discovery (at least three by 

January 15, 2021 and at least three by May 

6, 2022), at least one case dismissed must be 

against VMware/Dell/EMC (i.e., case nos. 

6:20-cv-480; 6:20-cv-481; 6:20-cv-485; 

6:20-cv-486) and at least two cases 

dismissed must be against Dell/EMC (i.e., 

Case Nos. 6:20-cv-473; 6:20-cv-474; 6:20-

cv-475; 6:20-cv-476; 6:20-cv-477; 6:20-cv478; 6:20-cv-479; 6:20-cv-482).

Not specifically addressed 

in prior scheduling order

May 6, 2022

Opening Expert Reports. December 22, 2021 May 20, 2022

Rebuttal Expert Reports. January 26, 2022 June 17, 2022

Close of Expert Discovery. February 18, 2022 July 8, 2022

Deadline for the second of two meet and February 18, 2022 July 15, 2022

Case 6:20-cv-00475-ADA Document 125 Filed 11/29/21 Page 3 of 7
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Event Original Deadline New Deadline

confers to discuss narrowing the number of 

specific claims asserted and specific prior art 

references to be asserted to triable limits. To 

the extent it helps the parties determine these 

limits, the parties are encouraged to contact 

the Court’s Law Clerk for an estimate of the 

amount of trial time anticipated per side. 

The parties shall file a Joint Report within 5 

business days regarding the results of the 

meet and confer.

Dispositive motion deadline and Daubert 

motion deadline.

February 25, 2022 July 22, 2022

Serve Pretrial Disclosures (jury instructions, 

exhibit lists, witness lists, discovery and 

deposition designations).

March 11, 2022 July 29, 2022

Serve objections to pretrial 

disclosures/rebuttal disclosures.

March 25, 2022 August 5, 2022

Serve objections to rebuttal disclosures and 

file motions in limine.

April 1, 2022 August 12, 2022

File Joint Pretrial Order and Pretrial 

Submissions (jury instructions, exhibit lists, 

witness lists, discovery and deposition 

designations); file oppositions to motions in

limine.

April 8, 2022 August 19, 2022

File Notice of Request for Daily 

Transcript or Real Time Reporting. If 

a daily transcript or real time reporting 

of court proceedings is requested for 

trial, the party or parties making said 

request shall file a notice with the

Court and e-mail the Court Reporter, 

Kristie Davis at

kmdaviscsr@yahoo.com.

Deadline to meet and confer regarding 

remaining objections and disputes on 

motions in limine.

April 15, 2022 August 26, 2022

File joint notice identifying remaining 

objections to pretrial disclosures and 

disputes on motion in limine.

April 19, 2022 September 9, 2022

(Proposed) First Final Pretrial Conference. April 22, 2022 September 23, 2022

(Proposed) Jury Selection / 1st Trial. May 2, 2022 October 3, 2022

(Proposed) Second Final Pretrial Conference Not specifically addressed 

in prior scheduling order

November 28, 2022

(Proposed) Jury Selection / 2nd Trial. Not specifically addressed December 5, 2022

Case 6:20-cv-00475-ADA Document 125 Filed 11/29/21 Page 4 of 7
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Event Original Deadline New Deadline

in prior scheduling order

Dated: November 29, 2021

Case 6:20-cv-00475-ADA Document 125 Filed 11/29/21 Page 5 of 7
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By: /s/ James L. Etheridge

Mark D. Siegmund

State Bar No. 24117055

mark@swclaw.com

STECKLER WAYNE COCHRAN

CHERRY, PLLC

8416 Old McGregor Rd.

Waco, Texas 76712

Telephone: (254) 651-3690

Facsimile: (254) 651-3689

James L. Etheridge

Texas State Bar No. 24059147

Ryan S. Loveless

Texas State Bar No. 24036997

Brett A. Mangrum

Texas Bar No. 24065671

Travis L. Richins

Texas State Bar No. 24061296

Jeff Huang

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

Brett@EtheridgeLaw.com

Travis@EtheridgeLaw.com

Jeff@EtheridgeLaw.com

Attorneys for Plaintiff

By: /s/ Barry K. Shelton

Barry K. Shelton

Texas State Bar No. 24055029

bshelton@sheltoncoburn.com

SHELTON COBURN LLP

311 RR 620, Suite 205

Austin, TX 78734-4775 

Telephone: 512.263.2165

Facsimile: 512.263.2166 

Benjamin Hershkowitz

bhershkowitz@gibsondunn.com

Brian A. Rosenthal

brosenthal@gibsondunn.com 

Allen Kathir

akathir@gibsondunn.com

Kyanna Sabanoglu

ksabanoglu@gibsondunn.com

GIBSON, DUNN & CRUTCHER LLP

200 Park Avenue

New York, NY 10166-0193 

Telephone: 212.351.4000

Facsimile: 212.351.4035 

Y. Ernest Hsin

ehsin@gibsondunn.com

Jaysen S. Chung

jschung@gibsondunn.com

GIBSON, DUNN & CRUTCHER LLP

555 Mission Street, Suite 3000

San Francisco, CA 94105-0921

Telephone: 415.393.8200

Facsimile: 415.393.8306

Ryan K. Iwahashi

riwahashi@gibsondunn.com

GIBSON, DUNN & CRUTCHER LLP

1881 Page Mill Road

Palo Alto, CA 94304-1211

Telephone: 650.849.5300

Facsimile: 650.849.5333

Emily M. Whitcher

ewhitcher@gibsondunn.com

Andrew P. Blythe

ablythe@gibsondunn.com 

Nathaniel R. Scharn

Case 6:20-cv-00475-ADA Document 125 Filed 11/29/21 Page 6 of 7
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nscharn@gibsondunn.com

GIBSON, DUNN & CRUTCHER LLP

3161 Michelson Drive

Irvine, CA 92612-4412

Telephone: 949.451.3800

Facsimile: 949.451.4220 

Attorneys for Defendants

CERTIFICATE OF SERVICE

I hereby certify that all counsel of record who are deemed to have consented to electronic 

service are being served with a copy of this filing via the Court’s CM/ECF system per Local 

Rule CV-5(a) on November 29, 2021. 

/s/ James L. Etheridge

James L. Etheridge

Case 6:20-cv-00475-ADA Document 125 Filed 11/29/21 Page 7 of 7