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.

ZTE CORPORATION,

Defendant.

Civil Action No.: 6:20-cv-00487-ADA

Civil Action No.: 6:20-cv-00488-ADA

Civil Action No.: 6:20-cv-00489-ADA

Civil Action No.: 6:20-cv-00491-ADA

Civil Action No.: 6:20-cv-00493-ADA

Civil Action No.: 6:20-cv-00494-ADA

Civil Action No.: 6:20-cv-00495-ADA

Civil Action No.: 6:20-cv-00497-ADA

JURY TRIAL DEMANDED

ORDER REGARDING DISCOVERY DISPUTES

This Court, having considered the disputes raised by Defendant ZTE Corporation

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

Development (“Brazos”) (collectively, “Parties”) during the December 13, 2022, Discovery 

Hearing, hereby ORDERS the following:

1. Defendant’s request to compel Plaintiff’s 30(b)(6) witness Stuart Shanus (“Mr. 

Shanus”) for a half-day deposition regarding documents produced after June 30, 2022, as well as, 

select documents produced before his June 30, 2022 deposition is GRANTED. Defendant may 

question Mr. Shanus regarding documents produced after June 30, 2022, and documents to which 

those relate, such as previously produced versions of the same documents such as WSOUZTEALL-0002932-3360. 

Case 6:20-cv-00487-ADA-DTG Document 342 Filed 12/27/22 Page 1 of 5
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2. Defendant’s request for 30(b)(6) testimony on the following topics is DENIED as 

they are the subject of expert testimony:

No. Topic

73 All facts relating to any alleged damages that Plaintiff is claiming in 

these actions for the WSOU Asserted Patents, including all Documents 

on which Plaintiff intends to rely as evidence supporting any damages 

theory that Plaintiff intends to assert in this action, such as all 

Documents that comprise the basis for any calculations of lost profits, 

price erosion, or a reasonable royalty, and specifically all Documents 

pertaining to the Georgia-Pacific Factor 1 which Plaintiff intends to 

rely on such as the royalties received by You for the licensing of the 

WSOU Asserted Patents that You contend proves or tends to prove an 

established royalty.

74 All facts relating to any alleged damages that Plaintiff is claiming in 

these actions for the WSOU Asserted Patents, including all Documents 

on which Plaintiff intends to rely as evidence supporting any damages 

theory that Plaintiff intends to assert in this action, such as all 

Documents that comprise the basis for any calculations of lost profits, 

price erosion, or a reasonable royalty, and specifically all Documents 

pertaining to the Georgia-Pacific Factor 2 which Plaintiff intends to 

rely on such as the rates paid by any licensee for the use of other patents 

comparable to the WSOU Asserted Patents,

75 All facts relating to any alleged damages that Plaintiff is claiming in 

these actions for the WSOU Asserted Patents, including all Documents 

on which Plaintiff intends to rely as evidence supporting any damages 

theory that Plaintiff intends to assert in this action, such as all 

Documents that comprise the basis for any calculations of lost profits, 

price erosion, or a reasonable royalty, and specifically all Documents 

pertaining to the Georgia-Pacific Factor 3 which Plaintiff intends to 

rely on such as the nature and scope of any license an entity would 

have acquired for the WSOU Asserted Patents.

76 All facts relating to any alleged damages that Plaintiff is claiming in 

these actions for the WSOU Asserted Patents, including all Documents 

on which Plaintiff intends to rely as evidence supporting any damages 

theory that Plaintiff intends to assert in this action, such as all 

Documents that comprise the basis for any calculations of lost profits, 

price erosion, or a reasonable royalty, and specifically all Documents 

pertaining to the Georgia-Pacific Factor 4 which Plaintiff intends to 

rely on such as WSOU’s established policy and marketing program to 

maintain any monopoly by not licensing others to use the invention or 

by granting licenses under special conditions designed to preserve that 

monopoly.

Case 6:20-cv-00487-ADA-DTG Document 342 Filed 12/27/22 Page 2 of 5
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77 All facts relating to any alleged damages that Plaintiff is claiming in 

these actions for the WSOU Asserted Patents, including all Documents 

on which Plaintiff intends to rely as evidence supporting any damages 

theory that Plaintiff intends to assert in this action, such as all 

Documents that comprise the basis for any calculations of lost profits, 

price erosion, or a reasonable royalty, and specifically all Documents 

pertaining to the Georgia-Pacific Factor 5 which Plaintiff intends to 

rely on such as the commercial relationship between You and 

Defendant.

78 All facts relating to any alleged damages that Plaintiff is claiming in 

these actions for the WSOU Asserted Patents, including all Documents 

on which Plaintiff intends to rely as evidence supporting any damages 

theory that Plaintiff intends to assert in this action, such as all 

Documents that comprise the basis for any calculations of lost profits, 

price erosion, or a reasonable royalty, and specifically all Documents 

pertaining to the Georgia-Pacific Factor 6 which Plaintiff intends to 

rely on such as the existing value of the invention to You as a generator 

of sales for non-patented items and the extent of such derivative or 

convoyed sales.

79 All facts relating to any alleged damages that Plaintiff is claiming in 

these actions for the WSOU Asserted Patents, including all Documents 

on which Plaintiff intends to rely as evidence supporting any damages 

theory that Plaintiff intends to assert in this action, such as all 

Documents that comprise the basis for any calculations of lost profits, 

price erosion, or a reasonable royalty, and specifically all Documents 

pertaining to the Georgia-Pacific Factor 7 which Plaintiff intends to 

rely on such as the duration of the WSOU Asserted Patents and term 

of the license.

80 All facts relating to any alleged damages that Plaintiff is claiming in 

these actions for the WSOU Asserted Patents, including all Documents 

on which Plaintiff intends to rely as evidence supporting any damages 

theory that Plaintiff intends to assert in this action, such as all 

Documents that comprise the basis for any calculations of lost profits, 

price erosion, or a reasonable royalty, and specifically all Documents 

pertaining to the Georgia-Pacific Factor 8 which Plaintiff intends to 

rely on such as the established profitability of the product made under 

the WSOU Asserted Patent, its commercial success, and its current 

popularity.

81 All facts relating to any alleged damages that Plaintiff is claiming in 

these actions for the WSOU Asserted Patents, including all Documents 

on which Plaintiff intends to rely as evidence supporting any damages 

theory that Plaintiff intends to assert in this action, such as all 

Documents that comprise the basis for any calculations of lost profits, 

price erosion, or a reasonable royalty, and specifically all Documents 

pertaining to the Georgia-Pacific Factor 9 which Plaintiff intends to 

rely on such as the utility and advantages of the patent property over 

Case 6:20-cv-00487-ADA-DTG Document 342 Filed 12/27/22 Page 3 of 5
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the old modes or devices, if any, that had been used for working out 

similar results.

82 All facts relating to any alleged damages that Plaintiff is claiming in 

these actions for the WSOU Asserted Patents, including all Documents 

on which Plaintiff intends to rely as evidence supporting any damages 

theory that Plaintiff intends to assert in this action, such as all 

Documents that comprise the basis for any calculations of lost profits, 

price erosion, or a reasonable royalty, and specifically all Documents 

pertaining to the Georgia-Pacific Factor 10 which Plaintiff intends to 

rely on such as the nature of the patented invention, the character of 

the commercial embodiment of it as owned and produced by You, and 

the benefits to those who have used the invention.

83 All facts relating to any alleged damages that Plaintiff is claiming in 

these actions for the WSOU Asserted Patents, including all Documents 

on which Plaintiff intends to rely as evidence supporting any damages 

theory that Plaintiff intends to assert in this action, such as all 

Documents that comprise the basis for any calculations of lost profits, 

price erosion, or a reasonable royalty, and specifically all Documents 

pertaining to the Georgia-Pacific Factor 11 which Plaintiff intends to 

rely on such as the extent to which you believe Defendant has made 

use of the WSOU Asserted Patents and any evidence probative of the 

value of that use.

84 All facts relating to any alleged damages that Plaintiff is claiming in 

these actions for the WSOU Asserted Patents, including all Documents 

on which Plaintiff intends to rely as evidence supporting any damages 

theory that Plaintiff intends to assert in this action, such as all 

Documents that comprise the basis for any calculations of lost profits, 

price erosion, or a reasonable royalty, and specifically all Documents 

pertaining to the Georgia-Pacific Factor 12 which Plaintiff intends to 

rely on such as the portion of the profit or of the selling price that may 

be customary in the particular business or in comparable businesses to 

allow for the use of the invention or analogous inventions.

85 All facts relating to any alleged damages that Plaintiff is claiming in 

these actions for the WSOU Asserted Patents, including all Documents 

on which Plaintiff intends to rely as evidence supporting any damages 

theory that Plaintiff intends to assert in this action, such as all 

Documents that comprise the basis for any calculations of lost profits, 

price erosion, or a reasonable royalty, and specifically all Documents 

pertaining to the Georgia-Pacific Factor 13 which Plaintiff intends to 

rely on such as the portion of the realizable profit that should be 

credited to the invention as distinguished from non-patented elements, 

the manufacturing process, business risks, or significant features or 

improvements added by Defendant.

86 All facts relating to any alleged damages that Plaintiff is claiming in 

these actions for the WSOU Asserted Patents, including all Documents 

on which Plaintiff intends to rely as evidence supporting any damages 

Case 6:20-cv-00487-ADA-DTG Document 342 Filed 12/27/22 Page 4 of 5
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theory that Plaintiff intends to assert in this action, such as all 

Documents that comprise the basis for any calculations of lost profits, 

price erosion, or a reasonable royalty, and specifically all Documents 

pertaining to the Georgia-Pacific Factor 15 which Plaintiff intends to 

rely on such as the amount that You and Defendant would have agreed 

upon at the time you believe infringement began if there was a 

hypothetical negotiation.

3. Defendant’s request for Craig Etchegoyen’s deposition is DENIED as moot in 

light of Plaintiff’s agreement to produce Mr. Etchegoyen for deposition.

4.

SIGNED this 27th day of December 2022.

___________________________________

DEREK GILLILAND

UNITED STATES MAGISTRATE JUDGE

Case 6:20-cv-00487-ADA-DTG Document 342 Filed 12/27/22 Page 5 of 5