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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.

Case No. 6:20-cv-00486-ADA

DEFENDANTS’ 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 Notice of Supplemental Evidence in support of their

opposed motion for intra-district transfer of venue to the Austin Division. 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).

On January 20, 2021, in the District of Delaware, Plaintiff WSOU Investments, LLC d/b/a

Brazos Licensing and Development (“WSOU”) filed an Opposition to Xilinx, Inc.’s Motion to

Transfer Venue Pursuant to 28 U.S.C. § 1404 and the Declaration of Stuart Shanus. See Case No.

20-1228-CFC (D. Del.), D.I. 23, 24.1 Defendants have attached WSOU’s Delaware opposition

brief as Ex. 21 and the Shanus Declaration as Ex. 22 to this Notice.

Previously, in this Court, WSOU opposed Defendants’ motion to transfer to Austin by

arguing that its “person with knowledge relevant to these cases” is Matt Hogan, a WSOU employee

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 WSOU filed the same papers in Case Nos. 20-1229, 20-1231, 20-1232, and 20-1233 (D. Del.).

Case 6:20-cv-00486-ADA Document 75 Filed 02/05/21 Page 1 of 4
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residing in Waco. See D.I. 53 (Opp.) at 3. WSOU refused to acknowledge any employees outside

of Waco. 

However, in WSOU’s lawsuit against Xilinx, WSOU admitted to the Delaware court that

“WSOU’s witnesses most knowledgeable about its licensing practices are Stuart Shanus and Craig

Etchegoyen[.]” See Ex. 21 at 3 (citing Ex. 22 ¶ 6). Neither Mr. Shanus nor Mr. Etchegoyen live

in Texas, let alone Waco. See, e.g., D.I. 43 (Mot.) at 2–3. WSOU did not mention Mr. Hogan in

its briefing before the Delaware court; nor did WSOU mention Mr. Shanus and Mr. Etchegoyen

in its briefing before this Court.

Dated: February 5, 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

Case 6:20-cv-00486-ADA Document 75 Filed 02/05/21 Page 2 of 4
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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-00486-ADA Document 75 Filed 02/05/21 Page 3 of 4
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CERTIFICATE OF SERVICE

The undersigned certifies that on this 5th day of February 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(b)(1). 

/s/ Barry K. Shelton

Barry K. Shelton

Case 6:20-cv-00486-ADA Document 75 Filed 02/05/21 Page 4 of 4