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. 

ZTE CORPORATION

 Defendant.

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C.A. NO. 6:20-cv-00487-ADA

C.A. NO. 6:20-cv-00488-ADA

C.A. NO. 6:20-cv-00489-ADA

C.A. NO. 6:20-cv-00490-ADA

C.A. NO. 6:20-cv-00491-ADA

C.A. NO. 6:20-cv-00492-ADA

C.A. NO. 6:20-cv-00493-ADA

C.A. NO. 6:20-cv-00494-ADA

C.A. NO. 6:20-cv-00495-ADA

C.A. NO. 6:20-cv-00496-ADA

C.A. NO. 6:20-cv-00497-ADA

NOTICE OF SUPPLEMENTAL AUTHORITY

Defendant ZTE Corporation (“ZTE”) submit this Notice of Supplemental Authority to 

notify the Court of new Federal Circuit authority that affects (A) ZTE’s September 16, 2021,

Supplemental Briefing on Transfer Under § 1404(a) (Dkt. No. 118),

1 and (B) ZTE’s December 

30, 2020, Motion to Stay, Other than Venue Proceedings (Dkt. No. 49). ZTE has attached to this 

Notice for the Court’s convenience a copy of the Federal Circuit’s slip opinion in Netflix issued 

on October 26, 2021. See Ex. A.

This new decision—In re Netflix, Inc., Case 21-190, 2021 WL 4944826 (Fed. Cir. Oct. 26, 

2021) (appeal of Eastern District of Texas No. 2:21-cv-00080-JRG-RSP) (“Netflix”)—issued on 

October 26, 2021, which was after the concluded briefing for both the pending Supplemental 

Briefing on Transfer and the Motion to Stay. See Dkt. No. 51 (briefing for the Motion to Stay 

1 Citations throughout here refer to WDTX Case Nos. -00487 through -00497, and specific 

citations reference to the docket for WDTX Case No. -00487.

Case 6:20-cv-00491-ADA Document 121 Filed 10/27/21 Page 1 of 4
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concluded on January 13, 2021); and Dkt. No. 120 (briefing for the Supplemental Briefing on 

Transfer concluded on September 23, 2021). This new authority directly addresses several issues 

raised in conjunction with ZTE’s pending motions and related briefing. ZTE is prepared to address 

this new authority in any manner that may be warranted, whether at a hearing or through additional 

briefing at the Court’s request.

In particular, the Federal Circuit offered additional guidance relating to the pending 

Supplemental Briefing on Transfer, and the pending Motion to Stay:

• “Our precedent and Fifth Circuit law entitle parties to have their venue motions prioritized 

over substantive proceedings in district court. Exhibit A, *1 (citing In re Apple Inc., 979 

F.3d 1332, 1337 (Fed. Cir. 2020); and In re Horseshoe Ent., 337 F.3d 429, 433 (5th Cir. 

2003).

• “Delays in resolving transfer motions, coupled with ongoing discovery, claim construction, 

and other proceedings, frustrate the purpose of § 1404(a) by forcing defendants ‘to expand 

resources litigating substantive matters in an inconvenient venue while a motion to transfer 

lingers unnecessarily on the docket.’” Exhibit A, *1 (citing In re Google Inc., No. 2015-

138, 2015 WL 5294800, at *1 (Fed. Cir. July 16, 2015).

• “A stay of merits proceedings is appropriate relief if the district court cannot decide a venue 

motion quickly enough to avoid burdening the moving party with unnecessary expense and 

prejudice. We have issued writs of mandamus staying district court proceedings for similar 

delays in addressing venue motions.” Exhibit A, *2 (citing In re TracFone Wireless, Inc., 

848 F.App’x 899 (Fed. Cir. 2021); In re SK Hynix Inc., 835 F. App’x 600 (Fed. Cir. 2021); 

In re Google, 2015 WL 5294800.

ZTE’s Motion to Stay, Other than Venue Proceedings (Dkt. No. 49), has been pending

since December 2020; and ZTE’s Supplemental Briefing on Transfer and the Motion to Stay (Dkt. 

No. 118) which incorporates several venue issues lingering since December 2020, has been 

pending since September 16, 2021.

Case 6:20-cv-00491-ADA Document 121 Filed 10/27/21 Page 2 of 4
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DATED: October 27, 2021 Respectfully submitted,

/s/ Lionel M. Lavenue 

Lionel M. Lavenue 

Virginia Bar No. 49,005

lionel.lavenue@finnegan.com 

FINNEGAN, HENDERSON, FARABOW, 

GARRETT & DUNNER, LLP

1875 Explorer Street, Suite 800

Reston, VA 20190

Phone: (571) 203-2700

Fax: (202) 408-4400

Attorney for Defendant, 

ZTE Corporation

Case 6:20-cv-00491-ADA Document 121 Filed 10/27/21 Page 3 of 4
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CERTIFICATE OF SERVICE

The undersigned hereby certifies that all counsel of record who are deemed to have 

consented to electronic service are being served with a copy of this document via the Court’s 

CM/ECF system on October 27, 2021. 

/s/Lionel M. Lavenue 

Lionel M. Lavenue

Case 6:20-cv-00491-ADA Document 121 Filed 10/27/21 Page 4 of 4