1

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, ZTE (USA) INC. 

AND ZTE (TX), INC.,

 Defendants.

§

§

§

§

§

§

§

§

§

§

§

§

§

C.A. NO. 6:20-cv-00487-ADA

C.A. NO. 6:20-cv-00488-ADA

C.A. NO. 6:20-cv-00489-ADA

C.A. NO. 6:20-cv-00490-ADA

C.A. NO. 6:20-cv-00491-ADA

C.A. NO. 6:20-cv-00492-ADA

C.A. NO. 6:20-cv-00493-ADA

C.A. NO. 6:20-cv-00494-ADA

C.A. NO. 6:20-cv-00495-ADA

C.A. NO. 6:20-cv-00496-ADA

C.A. NO. 6:20-cv-00497-ADA

FOURTH STATUS REPORT REGARDING PENDING VENUE MOTIONS

Pursuant to the Court’s March 23, 2021 Standing Order Regarding Motion for InterDistrict Transfer (“Standing Order”), Defendants ZTE Corporation (“ZTE Corp.”), ZTE (USA) 

Inc. (“ZTA”), and ZTE (TX), Inc. (“ZTX”) (collectively “ZTE”) provide the following fourth

status report regarding the pending venue-related motions with respect to the eleven separate 

pending suits filed by Plaintiff WSOU Investments LLC D/B/A Brazos Licensing and 

Development (“WSOU”):1

1. ZTE filed its respective Sur-Reply and Reply Supplemental Claim Construction 

briefs today, May 7, 2021. As such, the parties’ respective claim construction briefing has 

concluded. The Markman hearing for these cases was recently rescheduled/consolidated from 

May 20-21, 2021 to just May 21, 2021 (less than two weeks away). See Dkt. 72.

1 There are 11 pending cases. Citations throughout refer to new WDTX Case Nos. -00487 through 

-00497, and specific citations reference to the docket for WDTX Case No. -00487.

Case 6:20-cv-00487-ADA Document 78 Filed 05/07/21 Page 1 of 3
2

2. In contrast to the claim construction briefing, the venue briefing has yet to 

conclude. In fact, WSOU no longer represents it will conclude discovery before the Markman 

hearing. Compare Dkt. 76 with Dkt. 68 (WSOU stating that venue discovery “should be 

complete by April 30”). Nevertheless, the Markman hearing remains several weeks before the 

conclusion of the venue discovery in the cases on June 4, 2021 (and the remaining briefing for 

the Second Motion to Dismiss)—and, as stated above, is just a few weeks away. In the unlikely 

event that WSOU immediately completes venue discovery, the briefing-hearing-ruling process 

will not be complete before the Markman hearing. As such, the venue issues will not be resolved 

before the currently-scheduled Markman hearing.

3. Thus, as outlined in the pending Motion to Stay (which is ripe for resolution), 

Dkt. No. 49, and in accordance with the Standing Order and Federal Circuit mandate/precedent,2

Defendants again respectfully request that all issues unrelated to venue be stayed, pending the 

outcome of the Second Motion to Dismiss.

DATED: May 7, 2021 Respectfully submitted,

/s/Lionel M. Lavenue 

Lionel M. Lavenue 

Virginia Bar No. 49,005

lionel.lavenue@finnegan.com 

FINNEGAN, HENDERSON, FARABOW, 

GARRETT & DUNNER, LLP

1875 Explorer Street, Suite 800

Reston, VA 20190

Phone: (571) 203-2700

Fax: (202) 408-4400

ATTORNEY FOR DEFENDANTS

2 See In re TracFone Wireless, Inc., 2021-118, 2021 WL 865353 (Fed. Cir. Mar. 8, 2021) 

(district courts must give venue motions “top priority before resolving the substantive issues in 

the case”); see also See In re Apple, 979 F.3d 1332, 1337 (Fed. Cir. 2020) (resolution of venue 

issues should “unquestionably take top priority” in a case); and In re SK Hynix Inc., No. 2021-

113, 2021 WL 321071, at *1 (Fed. Cir. Feb. 1, 2021) (prioritization of venue considerations).

Case 6:20-cv-00487-ADA Document 78 Filed 05/07/21 Page 2 of 3
3

CERTIFICATE OF SERVICE

The undersigned hereby certifies that all counsel of record who are deemed to have 

consented to electronic service are being served with a copy of this document via the Court’s 

CM/ECF system on May 7, 2021.

/s/Lionel M. Lavenue 

 Lionel M. Lavenue

Case 6:20-cv-00487-ADA Document 78 Filed 05/07/21 Page 3 of 3