EXHIBIT 28

Case 6:20-cv-00475-ADA Document 110-2 Filed 08/20/21 Page 1 of 7
Plaintiff’s Rule 26(a) Initial Disclosures Page | 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.

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CIVIL ACTION 6:20-CV-00473-ADA

CIVIL ACTION 6:20-CV-00474-ADA

CIVIL ACTION 6:20-CV-00475-ADA

CIVIL ACTION 6:20-CV-00476-ADA

CIVIL ACTION 6:20-CV-00477-ADA

CIVIL ACTION 6:20-CV-00478-ADA

CIVIL ACTION 6:20-CV-00479-ADA

CIVIL ACTION 6:20-CV-00482-ADA

PATENT CASE

JURY TRIAL DEMANDED

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., EMC CORPORATION,

AND VMWARE, INC.,

Defendants.

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CIVIL ACTION 6:20-CV-00480-ADA

CIVIL ACTION 6:20-CV-00481-ADA

CIVIL ACTION 6:20-CV-00485-ADA

CIVIL ACTION 6:20-CV-00486-ADA

PATENT CASE

JURY TRIAL DEMANDED

PLAINTIFF’S RULE 26(A) INITIAL DISCLOSURES

Pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure, Plaintiff WSOU 

Investments, LLC d/b/a Brazos Licensing and Development (“WSOU”) submits the following 

Rule 26 Initial Disclosures (the “Disclosures”). These Disclosures are without any concession, 

agreement, admission, or waiver of any ultimate determination of relevance, admissibility, or 

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Plaintiff’s Rule 26(a) Initial Disclosures Page | 2

discoverability of particular information for any purpose, and without waiver of any attorneyclient, work product, or other privilege or immunity. WSOU makes these Disclosures based on 

presently available information, without the benefit of discovery.

The following patents are asserted in the cases captioned above: U.S. Patent Nos. 9,137,144

(the “’144 Patent”), 7,212,536 (the “’536 Patent”), 7,453,888 (the “’888 Patent”), 7,565,435 (the 

“’435 Patent”), 8,913,489 (the “’489 Patent”), 7,126,921 (the “’921 Patent”), 8,402,129 (the “’129

Patent”), 7,539,133 (the “’133 Patent”), 9,164,800 (the “’800 Patent”), 7,424,020 (the “’020

Patent”), 7,636,309 (the “’309 Patent”), and 7,092,360 (the “’360 Patent”) (collectively, the 

“Asserted Patents”). To the extent the Court construes the claims of the Asserted Patents, 

additional arguments and/or information may be relevant in light of any such construction. WSOU 

therefore reserves the right to supplement and/or amend these Disclosures at any time in view of 

the Court’s construction, in view of any new information learned during discovery, and/or for any 

other reason permissible under the applicable Federal and Local Rules.

The Defendants in Civil Action Nos. 6:20-cv-473 through 6:20-cv-479 and 6:20-cv-482

are Dell Technologies Inc., Dell Inc., and EMC Corporation. The Defendants in Civil Action Nos. 

6:20-cv-480, 6:20-cv-481, 6:20-cv-485, and 6:20-cv-486 are Dell Technologies Inc., Dell Inc., 

EMC Corporation, and VMWare, Inc. The Defendants identified in this paragraph are collectively 

referred to as “Defendants.”

I. Rule 26(a)(1)(A)(i): Persons with Discoverable Information

Name Contact Information

(if known by WSOU)

Subject(s)

Matt Hogan Contact through WSOU’s 

counsel.

Knowledge concerning 

WSOU’s business 

development, documents, and 

employees. 

Case 6:20-cv-00475-ADA Document 110-2 Filed 08/20/21 Page 3 of 7
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Craig Etchegoyen Contact through WSOU’s 

counsel.

Chairman at WSOU with 

knowledge of WSOU’s 

licensing practices. 

Stuart Shanus Contact through WSOU’s 

counsel.

President of WSOU with 

knowledge of WSOU’s 

licensing practices.

Representatives and 

employees of Defendants

Contact through Defendants’

counsel. 

Operation of accused 

products, information relating 

to calculation of damages, 

information relating to 

Defendants’ infringement.

All individuals identified in 

the Initial Disclosures filed 

by Defendants in the cases 

captioned above

See Defendants’ Initial 

Disclosures

See Defendants’ Initial 

Disclosures

All individuals and 

corporations identified in a 

third-party subpoena issued 

by any party

See notices of subpoenas to 

third parties

See notices of subpoenas to 

third parties

WSOU anticipates that it will become aware of additional persons during the course of 

discovery. WSOU believes these additional persons will include employees and former employees 

of Defendants, Defendants’ technology vendors and suppliers, customers of Defendants, and other 

entities or individuals who have formed business relationships with Defendants. WSOU also 

expects to rely upon expert testimony and will disclose any such experts as required by the 

Scheduling Order. WSOU reserves the right to amend these Disclosures for any of the reasons 

detailed above.

II. Rule 26(a)(1)(A)(ii): Documents and Things

WSOU anticipates that it will become aware of additional persons during the course of 

discovery. WSOU believes these additional persons will include employees and former 

employees of Defendants, Defendants’ technology vendors and suppliers, customers of 

Defendants, and other entities or individuals who have formed business relationships with 

Defendants. WSOU also expects to rely upon expert testimony and will disclose any such experts 

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as required by the Scheduling Order. WSOU reserves the right to amend these Disclosures for 

any of the reasons detailed above.

1. The Asserted Patents and their file histories.

2. Conception and reduction to practice of the inventions claimed in the Asserted 

Patents.

3. Documents relating to the factual allegations referenced in WSOU’s Complaints.

4. Documents relating to WSOU’s ownership of the Asserted Patents.

5. Documents relating to agreements involving the Asserted Patents.

6. Documents relating to the design, development, structure, function, and operation 

of the Accused Products.

7. Documents relating to Defendants’ knowledge of the Asserted Patents.

8. Documents relating to Defendants’ infringing conduct.

9. Documents relating to Defendants’ sales, licensing, and marketing of the Accused 

Products.

10. Financial documents relating to the sales/licensing of the Accused Products.

11. License agreements relating to the Asserted Patents and the Accused Products.

12. Documents relating to secondary considerations of nonobviousness, including 

commercial success, long felt need, and failure of others.

13. Documents, materials, and other information sought in any discovery requests 

WSOU serves on Defendants or any third party.

III. Rule 26(a)(1)(A)(iii): Damages

WSOU seeks damages adequate to compensate it for Defendants’ infringement of the 

Asserted Patents, which in any event shall be no less than a reasonable royalty for Defendants’ 

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use of the patented inventions, together with interest and costs as fixed by the Court. In addition, 

these damages should be enhanced pursuant to 35 U.S.C. § 284. WSOU also seeks costs and 

attorneys’ fees and such other relief as the Court deems appropriate. The amount of WSOU’s 

damages, fees, and costs and the amount of any other relief that may be deemed appropriate is 

not ascertainable at this time. WSOU will be relying on a damages expert in support of its claim.

IV. Rule 26(a)(1)(A)(iv): Indemnity and Insurance Agreements

WSOU is not aware of any insurance agreement for which an insurance business may be 

liable to satisfy part or all of a judgment which may be entered in this action or to indemnify or 

reimburse for payments made to satisfy the judgment. WSOU reserves the right to amend these 

Disclosures based on its investigation and information obtained in discovery.

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Dated: April 29, 2021 Respectfully submitted,

 /s/ Ryan S. Loveless

James L. Etheridge

Texas State Bar No. 24059147

Ryan S. Loveless

Texas State Bar No. 24036997

Travis L. Richins

Texas State Bar No. 24061296

Brett A. Mangrum

Texas State Bar No. 24065671

Jeffrey Huang

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

Brett@EtheridgeLaw.com

JeffH@EtheridgeLaw.com

Mark D. Siegmund

State Bar No. 24117055

mark@waltfairpllc.com

LAW FIRM OF WALT, FAIR PLLC

1508 North Valley Mills Drive 

Waco, Texas 76710

Telephone: (254) 772-6400

Facsimile: (254) 772-6432

Counsel for Plaintiff WSOU Investments, LLC

CERTIFICATE OF SERVICE

A true and correct copy of the foregoing instrument was served via email to all counsel of 

record on April 29, 2021.

 /s/ Ryan S. Loveless

 Ryan S. Loveless

Case 6:20-cv-00475-ADA Document 110-2 Filed 08/20/21 Page 7 of 7