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.

Civil Action No.: 6:20-cv-00473-ADA

Civil Action No.: 6:20-cv-00476-ADA

Civil Action No.: 6:20-cv-00477-ADA

JURY TRIAL DEMANDED

WSOU INVESTMENTS, LLC d/b/a 

BRAZOS LICENSING AND 

DEVELOPMENT,

Plaintiff,

v.

DELL TECHNOLOGIES INC., 

DELL INC., AND EMC 

CORPORATION, and VMWARE, INC.,

Defendants.

Civil Action No.: 6:20-cv-00480-ADA

Civil Action No.: 6:20-cv-00481-ADA

Civil Action No.: 6:20-cv-00486-ADA

JURY TRIAL DEMANDED

AMENDED SCHEDULING ORDER

Event Current Deadline New Deadline

Close of Fact Discovery. May 6, 2022 May 6, 2022

The Parties agree that the following items may 

be taken past the close of fact discovery on or 

by the date specified:

• Review of VMware source code until May 

13, 2022;

• Deposition of Matt Hogan currently 

scheduled on May 24, 2022 due to illness;

Not addressed in prior 

scheduling order

As specified under 

Event

Case 6:20-cv-00473-ADA-DTG Document 188-1 Filed 05/06/22 Page 1 of 3
• WSOU can pursue production and review 

of source code from Broadcom in case nos. 

6:20-cv-473 and 6:20-cv-476 until July 1, 

2022; Dell will work cooperatively with 

Broadcom and WSOU to facilitate source 

code production to the extent it is able to, 

though Dell represents that it has no control 

over that code or whether Broadcom will 

produce it; and

• Any prompt, diligent, and narrowly targeted 

follow up based on recently obtained 

discovery until July 1, 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-cv473; 6:20-cv-474; 6:20-cv-475; 6:20-cv-476; 

6:20-cv-477; 6:20-cv-478; 6:20-cv-479; 6:20-

cv-482).

May 6, 2022 May 6, 2022

(WSOU has already 

complied with this 

deadline, having 

dismissed case no. 

6:20-cv-485 against 

VMWare/Dell/EMC 

and case nos. 6:20-

cv-475 and 6:20-cv482 against 

Dell/EMC)

Opening Expert Reports. May 20, 2022 July 15, 2022

Rebuttal Expert Reports. June 17, 2022 August 12, 2022

Close of Expert Discovery. July 8, 2022 September 9, 2022

Deadline for the second of two meet and 

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.

July 15, 2022 September 19, 2022

Dispositive motion deadline and Daubert

motion deadline.

July 22, 2022 September 26, 2022

Case 6:20-cv-00473-ADA-DTG Document 188-1 Filed 05/06/22 Page 2 of 3
Serve Pretrial Disclosures (jury instructions,

exhibit lists, witness lists, discovery and

deposition designations).

July 29, 2022 October 3, 2022

Serve objections to pretrial disclosures/rebuttal 

disclosures.

August 5, 2022 October 11, 2022

Serve objections to rebuttal disclosures and file 

motions in limine.

August 12, 2022 October 18, 2022

File Joint Pretrial Order and Pretrial 

Submissions (jury instructions, exhibit lists, 

witness lists, discovery and deposition 

designations); file oppositions to motions in 

limine.

August 19, 2022 October 25, 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.

August 26, 2022 November 1, 2022

File joint notice identifying remaining

objections to pretrial disclosures and disputes 

on motion in limine.

September 9, 2022 November 15, 2022

First Final Pretrial Conference. September 23, 2022 November 28, 2022

Jury Selection / 1st Trial. October 3, 2022 December 5, 2022

Second Final Pretrial Conference. To be set by the 

Court

Jury Selection / 2nd Trial. To be set by the 

Court

SIGNED this _____day of ___________________ 2022.

___________________________________

ALAN D ALBRIGHT

UNITED STATES DISTRICT JUDGE

Case 6:20-cv-00473-ADA-DTG Document 188-1 Filed 05/06/22 Page 3 of 3