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.

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CIVIL ACTION 6:20-CV-00473-ADA

CIVIL ACTION 6:20-CV-00474-ADA

CIVIL ACTION 6:20-CV-00475-ADA

CIVIL ACTION 6:20-CV-00476-ADA

CIVIL ACTION 6:20-CV-00477-ADA

CIVIL ACTION 6:20-CV-00478-ADA

CIVIL ACTION 6:20-CV-00479-ADA

CIVIL ACTION 6:20-CV-00480-ADA

CIVIL ACTION 6:20-CV-00481-ADA

CIVIL ACTION 6:20-CV-00482-ADA

CIVIL ACTION 6:20-CV-00485-ADA

CIVIL ACTION 6:20-CV-00486-ADA

PATENT CASE

JURY TRIAL DEMANDED

RESPONSE TO DEFENDANTS’ SECOND NOTICE OF SUPPLEMENTAL EVIDENCE 

IN SUPPORT OF OPPOSED MOTION FOR INTRA-DISTRICT TRANSFER OF 

VENUE TO THE AUSTIN DIVISION OF THE WESTERN DISTRICT OF TEXAS

In complete disregard for the rules of this Court, Dell has now filed two additional briefs 

without conferring and without seeking leave. Each time, Dell excused itself from complying with 

the local rules by styling their additional briefs as “notices” of supplemental evidence. Both times, 

Dell’s “new” evidence was offered to prove the undisputed and non-new fact that Mr. Shanus and 

Mr. Etchegoyen, two principles of WSOU, do not reside in Texas.1 In each notice, Dell argued 

that WSOU’s employees in Waco should be ignored. 

Dell’s additional briefing offers nothing new and should be stricken or disregarded. 

Defendants’ own opening brief included LinkedIn profiles for Mr. Shanus and Mr. Etchegoyen. 

See Mot. Ex. Nos. 4-5. Pointing to the undisputed fact that Mr. Shanus and Mr. Etchegoyen do not 

1 This time, Dell points out the irrelevant and uninteresting fact that Mr. Shanus, one of WSOU’s 

principles, submitted a power of attorney to the Patent Office involving one of the patents asserted 

against Dell. Dell’s power of attorney in the same IPR was signed by Krish Gupta, a Senior Vice 

President at Dell located in Massachusetts, a fact that is as irrelevant as the location of Mr. Shanus.

Case 6:20-cv-00475-ADA Document 111 Filed 08/24/21 Page 1 of 3
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reside in Texas, Defendants’ opening brief argued that WSOU had no real presence in Waco. See 

Mot. at 3, 7. In response, WSOU pointed out that the locations of out-of-state witnesses are

irrelevant in weighing the convenience of witnesses, stating: 

The potential out-of-state witnesses (both party and non-party) identified by 

Defendants should be given no weight because this Court has found the Austin and 

Waco Divisions are equally convenient for out-of-state witnesses.

-473 Dkt. 51 at 9-10 (internal quotes and cites omitted). There was no need to say anything further 

about Mr. Shanus and Mr. Etchegoyen because they do not reside in Texas, much less Austin. 

Their locations are irrelevant. To the extent Mr. Shanus and Mr. Etchegoyen are relevant, their 

relevance is this: they prefer to try this case in Waco, not Austin, and are willing to travel to Waco 

to testify if needed. Dell apparently hopes that repeatedly filing improper “notices” regarding Mr. 

Shanus and Mr. Etchegoyen will convince this Court to give undue weight to their locations. They 

are out-of-state witnesses whose location does not somehow favor transferring this case from 

Waco to Austin. Dell’s improper notices should be stricken. 

Case 6:20-cv-00475-ADA Document 111 Filed 08/24/21 Page 2 of 3
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Dated: August 24, 2021 Respectfully submitted,

/s/ Travis Richins

James L. Etheridge

Texas State Bar No. 24059147

Ryan S. Loveless

Texas State Bar No. 24036997

Brett A. Mangrum

Texas State Bar No. 24065671

Travis Lee 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

Brett@EtheridgeLaw.com

Travis@EtheridgeLaw.com

Mark D. Siegmund

State Bar No. 24117055

mark@waltfairpllc.com

Law Firm of Walt, Fair PLLC.

1508 North Valley Mills Drive

Waco, Texas 76710

Telephone: (254) 772-6400

Facsimile: (254) 772-6432

ATTORNEYS FOR PLAINTIFF

CERTIFICATE OF SERVICE

I certify that on August 24, 2021 the foregoing document was served upon all counsel of 

record via the court’s electronic filing system in accordance with the Federal Rules of Civil 

Procedure.

/s/ Travis Lee Richins

Tavis Richins

Case 6:20-cv-00475-ADA Document 111 Filed 08/24/21 Page 3 of 3