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.

DELL TECHNOLOGIES INC., DELL

INC., AND EMC CORPORATION,

Defendants.

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

JURY TRIAL DEMANDED

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

Defendants respectfully submit this Second Notice of Supplemental Evidence in support

of their opposed motion for intra-district transfer of venue to the Austin Division.1 See Pacheco

v. Dibco Underground, Inc., No. A-08-CA-187-SS, 2009 WL 10669462, at *1 (W.D. Tex. Mar.

3, 2009) (considering supplemental evidence).

After Defendants submitted their first notice of supplemental evidence, Plaintiff WSOU

Investments, LLC d/b/a Brazos Licensing and Development (“WSOU”), on April 29, 2021,

submitted its Rule 26(a) initial disclosures. See Ex. 26 (Rule 26(a) Disclosures). WSOU has now

confirmed in this action that Craig Etchegoyen and Stuart Shanus are the two individuals “with

knowledge of WSOU’s licensing practices.” Id. at 2-3. Messrs. Etchegoyen and Shanus do not

1

 Defendants’ motion for intra-district transfer was filed on November 4, 2020, D.I. 42, the

opposition was filed on November 18, 2020, D.I. 56, and the reply was filed on November 25,

2020, D.I. 58. On February 5, 2021, Defendants filed a notice of supplemental evidence that

provided a declaration from Stuart Shanus indicating that WSOU’s witnesses most knowledgeable

about its licensing practices are Mr. Shanus and Craig Etchegoyen. D.I. 79 at 1-2.

Case 6:20-cv-00474-ADA Document 103 Filed 08/20/21 Page 1 of 4
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live in Texas. WSOU has also confirmed that Matt Hogan—WSOU’s sole listed employee based

in Waco—is knowledgeable only about WSOU’s “business development, documents, and

employees.” However, these items have limited relevance, if any, to whether the asserted patent

is valid and infringed. In re Genentech Inc., 566 F.3d 1338, 1345 (Fed. Cir. 2009) (explaining

“the bulk of the relevant evidence usually comes from the accused infringer”).

WSOU further indicated that individuals with discoverable information are Defendants’

employees and representatives, individuals identified by Defendants, and individuals and

corporations identified in third-party subpoenas. Ex. 26 (Rule 26(a)) at 3. However, WSOU has

not identified any of these people as being in the Waco Division. D.I. 42 (Transfer Motion) at 7-8.

On May 28, 2021, WSOU granted a security interest in the Asserted Patent to OT WSOU

Terrier Holdings, LLC, a Delaware limited liability company. See Ex. 27 (Security Agreement)

at 1. That patent security agreement was signed by Mr. Shanus, not Mr. Hogan nor Sheyanna

Osceola (WSOU’s Waco-based in-house counsel), further confirming that WSOU’s Waco-based

employees have minimal, if any, involvement with the Asserted Patent. Id. at 4.

On August 13, 2021, WSOU submitted a power of attorney to the Patent Office involving

one of the patents asserted against Defendants. See Ex. 28 (Power of Attorney for U.S. Patent No.

7,424,020). The authorization for changing the power of attorney was signed by Mr. Shanus—not

Mr. Hogan, nor Ms. Osceola.

2

 This is consistent with WSOU’s other submissions to the Patent

Office that require a WSOU employee signature; they are not signed by any Waco-based

employees. See, e.g., Ex. 30 (Powers of Attorney from four inter partes reviews) at 3, 6, 10, 14. 

Thisfurthersupports Defendants’ pending motion for intra-district of venue to the Austin Division.

2

 Consistent with Mr. Shanus directing WSOU’s activities related to its lawsuits against

Defendants, WSOU maintains an office in Santa Monica, California. See Ex. 29 (Juniper Hearing)

at 21:17-21; 22:8-14.

Case 6:20-cv-00474-ADA Document 103 Filed 08/20/21 Page 2 of 4
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Dated: August 20, 2021 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

Attorneys for Defendants

Case 6:20-cv-00474-ADA Document 103 Filed 08/20/21 Page 3 of 4
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CERTIFICATE OF SERVICE

The undersigned certifies that on this 20th day of August 2021, all counsel of record who 

are deemed to have consented to electronic service are being served with a copy of this document 

through the Court’s CM/ECF system under Local Rule CV-5(a). 

/s/ Barry K. Shelton

Barry K. Shelton

Case 6:20-cv-00474-ADA Document 103 Filed 08/20/21 Page 4 of 4