EXHIBIT A

Case 6:20-cv-00487-ADA Document 48-1 Filed 12/11/20 Page 1 of 3
ZTE acknowledges and confirms this briefing schedule.

With respect to the Moon to Transfer briefings, the Amended Complaints moot these briefings as well, and new

briefings should adhere to the same meline addressed above.

Please let us know WSOU’s case law support for opposing these extensions, and WSOU’s support for why the

Moons to Transfer are not mooted.

We look forward to your mely response so we may file the necessary extensions by Friday, November 13, 2020,

Regards,

Lionel

From: Jim Etheridge <jim@etheridgelaw.com>

Sent: Tuesday, November 10, 2020 9:03 PM

To: Lavenue, Lionel <lionel.lavenue@finnegan.com>

Cc: Schulz, Bradford <Bradford.Schulz@finnegan.com>; Edgington, Bradley <Bradley.Edgington@finnegan.com>;

IPTeam <IPTeam@etheridgelaw.com>; 'mark@walairpllc.com' <mark@walairpllc.com>

Subject: RE: Follow-Up, WSOU v. ZTE (WDTX)

EXTERNAL Email:

Lionel,

We are not opposed to a 14-day extension of your deadline to file a moon to dismiss to December 4, if

you will agree to a reciprocal extension of our deadline to respond. Also, given that one of our weeks

would fall over Christmas, we request that the deadline to respond be extended to January 8. This

would give us a two-week extension not counng the week from Christmas Day to New Year's Day. 

That said, we do not think the 1404 Moons to Transfer for convenience are mooted by our amended

complaints. 

Are you saying you consider the 1404 moons to somehow be mooted? Presently, we disagree and are

opposed, but look forward to your reply. 

Cordially,

Jim

From: Lavenue, Lionel <lionel.lavenue@finnegan.com>

Sent: Tuesday, November 10, 2020 10:29 AM

To: Jim Etheridge <jim@etheridgelaw.com>; Ryan Loveless <ryan@etheridgelaw.com>; Travis Richins

<travis@etheridgelaw.com>; Bre Mangrum <bre@etheridgelaw.com>; Jeff Huang

<jhuang@etheridgelaw.com>; Brian Koide <brian@etheridgelaw.com>; 'mark@walairpllc.com'

<mark@walairpllc.com>

Cc: Schulz, Bradford <Bradford.Schulz@finnegan.com>; Edgington, Bradley <Bradley.Edgington@finnegan.com>;

IPTeam <IPTeam@etheridgelaw.com>

Subject: Follow-Up, WSOU v. ZTE (WDTX)

Counsel,

We kindly request a response to our requests for the extensions of me.

Case 6:20-cv-00487-ADA Document 48-1 Filed 12/11/20 Page 2 of 3
RE: Follow-Up, WSOU v. ZTE (WDTX)

Jim Etheridge <jim@etheridgelaw.com>

Tue 11/10/2020 10:48 PM

To: Lavenue, Lionel <lionel.lavenue@finnegan.com>

Cc: Schulz, Bradford <Bradford.Schulz@finnegan.com>; IPTeam <IPTeam@etheridgelaw.com>; 'mark@waltfairpllc.com'

<mark@waltfairpllc.com>; Leonard, Katherine <Katherine.Leonard@finnegan.com>

Lionel, 

Reading back through this email trial, seems in the back and forth we never replied to your request that

given your Reply briefs are due Friday, November 13, “would WSOU consent to a 7-day extension for

those Reply briefs?” 

Yes, we do consent to a 7-day extension for those Reply briefs.

Cordially,

Jim 

From: Lavenue, Lionel <lionel.lavenue@finnegan.com>

Sent: Tuesday, November 10, 2020 8:43 PM

To: Jim Etheridge <jim@etheridgelaw.com>

Cc: Schulz, Bradford <Bradford.Schulz@finnegan.com>; IPTeam <IPTeam@etheridgelaw.com>;

'mark@walairpllc.com' <mark@walairpllc.com>; Leonard, Katherine <Katherine.Leonard@finnegan.com>

Subject: RE: Follow-Up, WSOU v. ZTE (WDTX)

Jim,

WSOU’s Amended Complaint, if mely (which ZTE does not concede), moots both the Moon to Dismiss and the

Moon to Transfer briefings for all 11 cases and for all ZTE enes.

Please let us know if you have case law supporng your posion that the Amended Complaints do not moot the

enre set of briefings—in parcular the moons to transfer.

For instance, in support of our understanding, it is generally recognized that “an amended pleading supersedes

the original for all purposes.” Nolen v. Luin Indus., Inc., 466 F. App’x 895, 898 (Fed. Cir. 2012) (emphasis added);

see also King v. Dogan, 31 F.3d 344, 346 (5

th Cir. 1994) (“An amended complaint supersedes the original complaint

and render it of no legal effect”). And, the courts in Texas recognize that the “plainff should not be allowed to

amend its complaint in response to a moon and then require the movant to rest on its outdated briefing.”

Lumina Networks Ltd. v. BiScience Inc., 2019 WL 2084426 (E.D. Tex. 2019). Thus, the Moon to Dismiss and the

Moon to Transfer briefing sets for all cases and all ZTE enes are mooted by WSOU’s Amended Complaint.

With respect to the Moon to Dismiss briefings, WSOU concedes that all briefings for all ZTE enes are mooted

by the Amended Complaint, and that the pares further agree to briefing extensions for these new briefings:

ZTE receives a 14-day extension to December 4, 2020 for filing new Moons to Dismiss with respect to all

ZTE enes.

WSOU receives a reciprocal 14-day extension (not counng the Christmas-New Years week) for filing a

response by January 8, 2021.

Case 6:20-cv-00487-ADA Document 48-1 Filed 12/11/20 Page 3 of 3