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.

HUAWEI TECHNOLOGIES CO., LTD.,

HUAWEI TECHNOLOGIES USA INC.,

HUAWEI DEVICE CO. LTD. (F/K/A 

HUAWEI DEVICE (DONGGUAN) CO.),

HUAWEI DEVICE (SHENZHEN) CO., 

LTD. (F/K/A HUAWEI DEVICE CO., 

LTD.), HUAWEI DEVICE USA, INC.

Defendants.

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CIVIL ACTION NO. 6:20-cv-539

JURY TRIAL DEMANDED

ORIGINAL COMPLAINT FOR PATENT 

INFRINGEMENT

Plaintiff WSOU Investments, LLC d/b/a Brazos Licensing and Development

(“Brazos” or “Plaintiff”), by and through its attorneys, files this Complaint for Patent 

Infringement against Defendants Huawei Technologies Co., Ltd., Huawei Technologies USA 

Inc., Huawei Device Co. Ltd. (f/k/a Huawei Device (Dongguan) Co.), Huawei Device 

(Shenzhen) Co., Ltd. (f/k/a Huawei Device Co., Ltd.), and Huawei Device USA, Inc. 

(collectively “Huawei” or “Defendants”) and alleges:

NATURE OF THE ACTION

1. This is a civil action for patent infringement arising under the Patent Laws 

of the United States, 35 U.S.C. §§ 1, et seq., including §§ 271, 281, 284, and 285.
2

THE PARTIES

2. Brazos is a limited liability corporation organized and existing under the laws 

of Delaware, with its principal place of business at 605 Austin Ave, Ste 6, Waco, TX 76701.

3. On information and belief, Defendant Huawei Technologies Co., Ltd. is a 

Chinese corporation that does business in Texas, directly or through intermediaries, with a 

principal place of business at Bantian, Longgang District, Shenzhen 518129, People’s 

Republic of China.

4. Upon information and belief, Defendant Huawei Technologies USA Inc. is a 

corporation organized and existing under the laws of Texas that maintains an established 

place of business at 2391 NE Interstate 410 Loop, San Antonio, TX 78217. Huawei 

Technologies USA, Inc. is authorized to do business in Texas and may be served via its 

registered agent, CT Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas 

75201-3136.

5. Upon information and belief, Defendant Huawei Device Co. Ltd. (formerly 

known as Huawei Device (Dongguan) Co.) is a Chinese corporation that does business in 

Texas, directly or through intermediaries, and maintains a principal place of business in No.2 

of Xincheng Road, Songshan Lake Zone, Dongguan, Guangdong 523808, People’s 

Republic of China.

6. Upon information and belief, Huawei Device (Shenzhen) Co., Ltd. (formerly 

known as Huawei Device Co., Ltd.) is a wholly-owned subsidiary of Defendant Huawei 

Device Co. Ltd. is a Chinese corporation that does business in Texas, directly or through 

intermediaries, and maintains a principal place of business in Bantian, Longgang District, 

Shenzhen 518129, People’s Republic of China.
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7. On information and belief, Defendant Huawei Device USA, Inc., is a Texas

corporation with a principal place of business located at 5700 Tennyson Parkway, Suite 600,

Plano, Texas 75024. Huawei Device USA, Inc. is authorized to do business in Texas and 

may be served via its registered agent, CT Corporation System, 1999 Bryan Street, Suite 

900, Dallas, Texas 75201-3136.

8. All of the Defendants operate under and identify with the trade name 

“Huawei.” Each of the Defendants may be referred to individually as a “Huawei Defendant” 

and, collectively, Defendants may be referred to below as “Huawei” or as the “Huawei 

Defendants.”

JURISDICTION AND VENUE

9. This is an action for patent infringement which arises under the Patent Laws 

of the United States, in particular, 35 U.S.C. §§271, 281, 284, and 285.

10. This Court has jurisdiction over the subject matter of this action under 28 

U.S.C. §§ 1331 and 1338(a).

11. This Court has specific and general personal jurisdiction over each Huawei

Defendant pursuant to due process and/or the Texas Long Arm Statute, because each Huawei 

Defendant has committed acts giving rise to this action within Texas and within this judicial 

district. The Court’s exercise of jurisdiction over each Huawei Defendant would not offend 

traditional notions of fair play and substantial justice because Huawei has established 

minimum contacts with the forum. For example, on information and belief, Huawei

Defendants have committed acts of infringement in this judicial district, by among other 

things, selling and offering for sale products that infringe the asserted patent, directly or 

through intermediaries, as alleged herein.
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12. Venue in the Western District of Texas is proper pursuant to 28 U.S.C. 

§§1391(b), (c)(3), and 1400(b) because Huawei Technologies USA Inc. and Huawei Device 

USA Inc. have committed acts of infringement in this judicial district and have a regular 

and established places of business in this judicial district and in Texas. As non-limiting 

examples, on information and belief, Huawei Technologies USA Inc. and Huawei Device 

USA Inc. have sold or offered to sell the Accused Products in this judicial district and have 

employees or agents that operate Huawei equipment in this judicial district, including at

189 CR 265, Georgetown, TX 78626, 1150 S Bell Blvd, Cedar Park, TX 78613, 1399 S A 

W Grimes Blvd, Round Rock, TX 78664, 12335 IH 35, Jarrell, TX 76537, 1050 Rabbit Hill 

Rd, Unit #E, Georgetown, TX 78626, 1602 A W Grimes Blvd, Round Rock, TX 78664, 

4120 IH 35 N, Georgetown, TX 78626, 900 CR 272, Leander, TX 78641, 1950 Crystal 

Falls Pkwy, Leander, TX 78641, 1101 N Industrial Blvd, Round Rock, TX 78681, 506 

McNeil Rd, Round Rock, TX 78681, 3210 Chisholm Trail Rd, Round Rock, TX 78681, 

112 Roundville Ln, Round Rock, TX 78664, 202 Central Dr W, Georgetown, TX 78628, 

3595 E Hwy 29, Georgetown, TX 78626, 1402 W Welch St, Taylor, TX 76574, 3801 Oak 

Ridge Dr, Round Rock, TX 78681, 1957 Red Bud Ln #B, Round Rock, TX 78664, 6603 S 

Lakewood Dr, Georgetown, TX 78633, 500 W Front, Hutto, TX 78634.

COUNT ONE - INFRINGEMENT OF 

U.S. PATENT NO. 8,200,224

13. Brazos re-alleges and incorporates by reference the preceding paragraphs 

of this Complaint.

14. On June 12, 2012, the United States Patent and Trademark Office duly and 

legally issued U.S. Patent No. 8,200,224 (“the ’224 Patent”), entitled “Handover Method 

and Apparatus Thereof.” A true and correct copy of the ’224 Patent is attached as Exhibit 

A to this Complaint.
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15. Brazos is the owner of all rights, title, and interest in and to the ’224 Patent, 

including the right to assert all causes of action arising under the ’224 Patent and the right 

to any remedies for the infringement of the ’224 Patent.

16. Huawei makes, uses, sells, offers for sale, imports, and/or distributes in the 

United States, including within this judicial district, products such as, but not limited to,

Huawei network elements, Huawei LTE routers, Huawei smartphones, Huawei smart home 

devices, Huawei Trunking Handsets and Terminals, Huawei software for LTE eNodeB 

(collectively, the “Accused Products”). 

17. The Accused Products include, but are not limited to, Huawei network elements 

(e.g., DBS3900 Distributed Base Stations), Huawei LTE routers (e.g., B310 LTE CPE), 

Huawei smartphones (e.g., Huawei Mate 30), Huawei smart home devices (e.g., E5330), 

Huawei Trunking Handsets and Terminals (e.g., EP720 Broadband Trunking Handset), 

Huawei software for LTE eNodeB (e.g., Huawei 3900 Series LTE eNodeB Software).

18. Huawei provides devices and products (e.g., base stations, etc.) which support 

Long Term Evolution (LTE) connectivity feature. Some of these devices supporting LTE.

https://e.huawei.com/us/products/wireless/elte-trunking/network-element/dbs3900

19. Huawei provides an outdoor macro base station supporting LTE.
6

https://e.huawei.com/us/products/wireless/gsm-r/radio-access-network/bts3900a

20. Huawei provides LTE routers and mobile devices.

https://consumer.huawei.com/en/support/4g-lte-routers/lte-cpe-b310/
7

https://consumer.huawei.com/en/phones/p30-pro/specs/

21. Huawei base station and other LTE devices like user equipment (i.e., UEs) 

support the handover process. Huawei base station can handover the UE to the target base 

station to provide seamless connectivity. 
8

https://www.scribd.com/document/134164391/LTE-Handover-Troubleshooting-Guide-pdf.

22. Long Term Evolution (LTE) with Evolved Universal Terrestrial Radio Access 

Network (E-UTRAN) constitutes a telecommunication system for mobile devices and data 

terminals/nodes (or a plurality of base stations). 
9

Radio Resource Control (RRC) sublayer in E-UTRAN (or, LTE) mobile communication system 

provides mobility functions such as handover, context transfer at handover, etc. in base stations.

https://www.etsi.org/deliver/etsi_ts/136300_136399/136300/15.03.00_60/ts_136300v150300

p.pdf.

23. In RRC_Connected state, a User Equipment (or, UE) has an E-UTRAN-RRC 

connection with a cell (or base station). The E-UTRAN communication system knows the 

connection between a UE and a cell. The communication network in this state decides which 

UE shall connect to which cell. As a result, handover takes place to facilitate such connections 

and seamless connectivity. (

https://www.etsi.org/deliver/etsi_ts/136300_136399/136300/15.03.00_60/ts_136300v150300p.
10

pdf

https://www.etsi.org/deliver/etsi_ts/136300_136399/136331/15.03.00_60/ts_136331v150300

p.pdf

24. UEs (or mobile stations) monitor target eNodeBs for the handover process 

which is controlled by LTE base stations (“eNodeBs”). LTE mobility functionality is 

configured by the network and is carried out by eNodeBs that are in communication with the 

UEs.

https://www.etsi.org/deliver/etsi_ts/136300_136399/136300/15.03.00_60/ts_136300v150300

p.pdf

25. When a UE establishes radio bearers, the eNodeB delivers the neighboring 

cell measurement configuration to the UE by using the RRC Connection Reconfiguration 

message. UE performs neighboring cell measurements and sends details to source eNodeB. 
11

https://www.scribd.com/document/182810551/ANR-Feature-Huawei.

26. RRC sublayer inherently provides UE measurement reporting and control 

function.

https://www.etsi.org/deliver/etsi_ts/136300_136399/136300/15.03.00_60/ts_136300v150300

p.pdf

27. The source eNodeB (i.e., base station) receives measurement reports from UE 

via established RRC connection, as shown in step 2.
12

https://www.etsi.org/deliver/etsi_ts/136300_136399/136300/15.03.00_60/ts_136300v150300

p.pdf.

https://www.etsi.org/deliver/etsi_ts/136300_136399/136300/15.03.00_60/ts_136300v150300

p.pdf.

28. UE sends measurement quantities such as RSRP, RSRQ, RSSI, etc. within 

its measurement report to support mobility.
13

https://www.etsi.org/deliver/etsi_ts/136300_136399/136300/15.03.00_60/ts_136300v150300

p.pdf.

29. These measurement quantities include signal quality values from neighboring 

cells and can be provided in measurement reports to initiate handover. 

https://www.etsi.org/deliver/etsi_ts/136300_136399/136300/15.03.00_60/ts_136300v150300

p.pdf
14

https://www.etsi.org/deliver/etsi_ts/136300_136399/136300/15.03.00_60/ts_136300v150300

p.pdf

30. After receiving measurement reports from UE, the source eNodeB selects a 

target eNodeB from the target candidates' list for Handover Decision (or HO Decision).

https://www.honorcup.ru/upload/iblock/164/6.pdf,

https://www.etsi.org/deliver/etsi_ts/136300_136399/136300/15.03.00_60/ts_136300v150300

p.pdf

31. Source eNodeB receives the measurement report from the UEBased on the 

measurement report, source eNodeB selects the target base station for handover.
15

https://www.etsi.org/deliver/etsi_ts/136300_136399/136300/15.03.00_60/ts_136300v150300

p.pdf. 

32. Huawei source base station receives the measurement report from UE. The 

UE measurement report consists of a list of target base stations. The source base station 

selects the most suitable target base station from the said list to initiate the handover process

https://www.scribd.com/presentation/228456406/5-LTE-ERAN6-0-Handover-FeatureISSUE1-00 
16

https://www.scribd.com/presentation/228456406/5-LTE-ERAN6-0-Handover-FeatureISSUE1-00

33. After selecting the target base station from the UE measurement report. The 

source base station sends the handover request to the target base station.

https://www.scribd.com/document/182810551/ANR-Feature-Huawei
17

https://www.etsi.org/deliver/etsi_ts/136300_136399/136300/15.03.00_60/ts_136300v150300

p.pdf

34. The Handover Request message includes information to prepare target 

eNodeB for handover.

https://www.etsi.org/deliver/etsi_ts/136300_136399/136300/15.03.00_60/ts_136300v150300

p.pdf

35. Source eNodeB sends a handover request to target eNodeB. Target eNodeB 

responds to the handover request.

https://www.scribd.com/document/182810551/ANR-Feature-Huawei
18

36. The target eNodeB responds with a Handover Request Acknowledgement 

message when the Handover preparation is completed successfully. 

https://www.etsi.org/deliver/etsi_ts/136300_136399/136300/15.03.00_60/ts_136300v150300

p.pdf

37. In case the requested handover fails due to any reason (e.g., no resources are 

available on the target side), the target eNodeB responds with a Handover Preparation Failure 

message. In such a case, the source eNodeB and UE retains some context information to enable 

the return of UE. 

https://www.etsi.org/deliver/etsi_ts/136300_136399/136300/15.03.00_60/ts_136300v150300

p.pdf. 

38. The context kept enables the re-initiation of the Handover process.
19

https://www.etsi.org/deliver/etsi_ts/136300_136399/136331/15.03.00_60/ts_136331v150300

p.pdf

39. The source eNodeB and UE maintain some context (e.g., C-RNTI) to return 

of UE in case of Handover failure. 

https://www.etsi.org/deliver/etsi_ts/136300_136399/136300/15.03.00_60/ts_136300v150300

p.pdf

40. When handover fails, the source eNodeB receives a Handover Preparation 

Failure message from target eNodeB. This facilitates the source eNodeB to coordinate with 

UE to re-initiate the handover process using the context kept for this purpose. 
20

https://www.etsi.org/deliver/etsi_ts/136300_136399/136331/15.03.00_60/ts_136331v150300

p.pdf

41. In the case of handover failure, the source eNodeB tries the next target until it 

gets the succeed feedback or wait for the second measurement report from the UE. Based on 

said set of the target base stations, source eNodeB can proceed with the next attempt for the 

handover.

https://www.scribd.com/presentation/228456406/5-LTE-ERAN6-0-Handover-FeatureISSUE1-00

42. In the case of handover failure source eNodeB wait for the second 

measurement report from the UE and based on said report source eNodeB can proceed with 

the next attempt for the handover.
21

https://www.scribd.com/presentation/228456406/5-LTE-ERAN6-0-Handover-FeatureISSUE1-00

43. After detecting handover preparation failure for the first time, the source 

eNodeB initiates another handover preparation with a new target eNodeB by sending a new 

Handover Request message.

https://www.etsi.org/deliver/etsi_ts/136300_136399/136300/15.03.00_60/ts_136300v150300

p.pdf

44. The measurement reports transmitted by UE to source eNodeB provide signal 

quality information about the neighboring stations, which helps in deciding the target eNodeB 

for handover. This way the set of candidate base stations may also include base stations 

monitored from measurement reports. 
22

https://www.etsi.org/deliver/etsi_ts/136300_136399/136300/15.03.00_60/ts_136300v150300

p.pdf

45. In case of handover failure source eNodeB waits for the second measurement 

report from the UE and based on said report source eNodeB can select a set of candidate base 

stations.

https://www.scribd.com/presentation/228456406/5-LTE-ERAN6-0-Handover-FeatureISSUE1-00

46. The target eNodeB sends Handover Request Acknowledgement message in 

response to Handover Request message from source eNodeB.
23

https://www.etsi.org/deliver/etsi_ts/136300_136399/136300/15.03.00_60/ts_136300v150300

p.pdf

47. The target eNodeB sends Handover Request Acknowledgement message to 

source eNodeB only when handover preparation and handover resource allocation is 

successful. In case of failure, the target eNodeB sends the Handover Preparation Failure 

message.

https://www.etsi.org/deliver/etsi_ts/136300_136399/136300/15.03.00_60/ts_136300v150300

p.pdf

48. Thus, handover preparation is complete when source eNodeB receives 

Handover Request Acknowledgement message from the selected target eNodeB (or, target 

station). The Handover Request Acknowledgement message confirms that the handover 

preparation has not failed and ensures the selection of target eNodeB for handover. 
24

https://www.etsi.org/deliver/etsi_ts/136300_136399/136300/15.03.00_60/ts_136300v150300

p.pdf

49. After receiving the Handover Request Acknowledgement for successful 

handover preparation, the handover process is started by the initiation of data forwarding. The 

target eNodeB generates an RRC message (e.g., RRCConnectionReconfiguration message) to 

perform handover. This message includes parameters required for handover, and it is sent by 

source eNodeB to the UE. The UE uses these parameters sent by the source eNodeB to perform 

handover. 

https://www.etsi.org/deliver/etsi_ts/136300_136399/136300/15.03.00_60/ts_136300v150300

p.pdf

50. The source eNodeB sends Handover Request message to target eNodeB to 

initiate handover procedure. The Handover Request messages (or, first and second request) 
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sent by source eNodeB include bearers' information of the UE to be set up by the target 

eNodeB during handover. 

https://www.etsi.org/deliver/etsi_ts/136300_136399/136300/15.03.00_60/ts_136300v150300

p.pdf

51. For example, the bearer can be Radio Access Bearer (e.g. E-RAB).

https://www.etsi.org/deliver/etsi_ts/136300_136399/136300/15.03.00_60/ts_136300v150300

p.pdf

52. Handover preparation is re-initiated after failure for the first time

https://www.scribd.com/presentation/228456406/5-LTE-ERAN6-0-Handover-FeatureISSUE1-00
26

53. When the communication network decides to retrieve additional information 

for handover, the UE again performs the relevant measurements similar to the first time to 

provide measurement reports.

https://www.etsi.org/deliver/etsi_ts/136300_136399/136300/15.03.00_60/ts_136300v150300

p.pdf

54. UE measurement reporting is an inherent function of RRC for handover

https://www.etsi.org/deliver/etsi_ts/136300_136399/136300/15.03.00_60/ts_136300v150300

p.pdf

55. The measurement reports contain quantities that relate to the signal quality of 

neighboring cells (or candidate base stations). 
27

https://www.etsi.org/deliver/etsi_ts/136300_136399/136331/15.03.00_60/ts_136331v150300

p.pdf

56. The measurement reports transmitted by UE to source eNodeB provide signal 

quality information about the neighboring stations, which helps in deciding the target eNodeB 

for handover. This way the set of candidate base stations may also include base stations 

monitored from measurement reports. 

https://www.etsi.org/deliver/etsi_ts/136300_136399/136300/15.03.00_60/ts_136300v150300

p.pdf

57. In view of preceding paragraphs, each and every element of at least claim 1 

of the ’224 Patent is found in the Accused Products.

58. Huawei has and continues to directly infringe at least one claim of the ’224

Patent, literally or under the doctrine of equivalents, by making, using, selling, offering for 

sale, importing, and/or distributing the Accused Products in the United States, including 

within this judicial district, without the authority of Brazos.
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59. Huawei has received notice and actual or constructive knowledge of the ’224

Patent since at least the date of service of this Complaint.

60. Since at least the date of service of this Complaint, through its actions, 

Huawei has actively induced product makers, distributors, retailers, and/or end users of the 

Accused Products to infringe the ’224 Patent throughout the United States, including within 

this judicial district, by, among other things, advertising and promoting the use of the Accused 

Products in various websites, including providing and disseminating product descriptions, 

operating manuals, and other instructions on how to implement and configure the Accused 

Products. Examples of such advertising, promoting, and/or instructing include the documents 

at:

• https://e.huawei.com/us/products/wireless/elte-trunking/network-element/dbs3900

• https://e.huawei.com/us/products/wireless/gsm-r/radio-access-network/bts3900a

• https://consumer.huawei.com/en/support/4g-lte-routers/lte-cpe-b310/

• https://consumer.huawei.com/en/phones/p30-pro/specs/

• https://www.honorcup.ru/upload/iblock/164/6.pdf

• https://www.scribd.com/document/134164391/LTE-Handover-TroubleshootingGuide-pdf

• https://www.etsi.org/deliver/etsi_ts/136300_136399/136300/15.03.00_60/ts_13630

0v150300p.pdf

• https://www.etsi.org/deliver/etsi_ts/136300_136399/136331/15.03.00_60/ts_13633

1v150300p.pdf

• https://www.scribd.com/document/182810551/ANR-Feature-Huawei

• https://www.scribd.com/presentation/228456406/5-LTE-ERAN6-0-HandoverFeature-ISSUE1-00

61. Since at least the date of service of this Complaint, through its actions, Huawei

has contributed to the infringement of the ’224 Patent by having others sell, offer for sale, or 

use the Accused Products throughout the United States, including within this judicial district, 

with knowledge that the Accused Products infringe the ’224 Patent. The Accused Products are 

especially made or adapted for infringing the ’224 Patent and have no substantial non-
29

infringing use. For example, in view of the preceding paragraphs, the Accused Products 

contain functionality which is material to at least one claim of the ’224 Patent.

JURY DEMAND

Brazos hereby demands a jury on all issues so triable.

REQUEST FOR RELIEF

WHEREFORE, Brazos respectfully requests that the Court:

(A) Enter judgment that Huawei infringes one or more claims of the ’224 Patent 

literally and/or under the doctrine of equivalents;

(B) Enter judgment that Huawei has induced infringement and continues to 

induce infringement of one or more claims of the ’224 Patent;

(C) Enter judgment that Huawei has contributed to and continues to contribute 

to the infringement of one or more claims of the ’224 Patent;

(D) Award Brazos damages, to be paid by Huawei in an amount adequate to 

compensate Brazos for such damages, together with pre-judgment and post-judgment 

interest for the infringement by Huawei of the ’224 Patent through the date such judgment 

is entered in accordance with 35 U.S.C. §284, and increase such award by up to three times 

the amount found or assessed in accordance with 35 U.S.C. §284;

(E) Declare this case exceptional pursuant to 35 U.S.C. §285; and

(F) Award Brazos its costs, disbursements, attorneys’ fees, and such further and 

additional relief as is deemed appropriate by this Court.
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Dated: June 17, 2020 Respectfully submitted,

/s/ James L. Etheridge

James L. Etheridge

Texas State Bar No. 24059147 

Ryan S. Loveless

Texas State Bar No. 24036997 

Travis L. 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

Travis@EtheridgeLaw.com

COUNSEL FOR PLAINTIFF