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, ZTE (USA) INC. 

AND ZTE (TX), INC.,

 Defendants.

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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

REPLY REGARDING NOTICE OF SUPPLEMENTAL AUTHORITY

Defendants ZTE (USA) Inc., ZTE (TX), Inc., and ZTE Corp (collectively “ZTE”) submit 

this Reply to Plaintiff’s Response (Dkt. No. 103) 1 (“Response”) regarding ZTE’s Notice of 

Supplemental Authority (Dkt. No. 102) (“Notice”) to notify the Court of new and precedential 

Federal Circuit authority that affects ZTE’s Motion to Dismiss for Improper Venue (Dkt. No. 47).

ZTE’s Notice was a true notice providing notice of a “new and controlling authority 

directly address[ing] several issues” raised in the pending Motion to Dismiss. See Dkt. No. 102.

The ZTE Notice merely cited—without argument—several controlling holdings from the Federal 

Circuit. Id. In fact, WSOU failed to identify a single argument made in the Notice, thus proving 

that ZTE’s Notice did not include arguments (as WSOU incorrectly alleges). See Dkt. No. 103.

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

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

Case 6:20-cv-00494-ADA Document 101 Filed 08/05/21 Page 1 of 4
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In contrast, WSOU’s Response improperly presented several arguments—and erred 

arguments for that. For example, WSOU erroneously states that ZTE first raised the argument “that 

if venue is improper as to any defendant, a court must dismiss all defendants,” for the first time 

during the hearing on this motion. Dkt. No. 103. This is incorrect. ZTE briefed this argument in 

its opening brief filed on December 4, 2020 (which WSOU failed to respond to)—six months 

before the July 19, 2021 hearing. See Dkt. No. 47, p. 7 (“Venue must be proper for all defendants

for an action to be brought. See AGIS Software Development, LLC v. ZTE Corp. et al., 2018 WL 

4854023, at *4 (E.D. Tex. Sept. 28, 2018) (“Having found venue improper as to ZTA, the Court 

need not consider the propriety of venue as to ZTX as, in order for a district to be ‘one in which 

[an] action [may be] brought, . . . both venue and jurisdiction must be proper there,’ as to all 

defendants.”); see also Magnacoustics (“Furthermore, as firmly established by judicial decisions, 

in an action involving multiple defendants venue and jurisdiction requirements must be met as to 

each defendant.”).

WSOU also presented other erred arguments, which should be disregarded as 

argumentation. ZTE respectfully submits that WSOU’s “Response” is improper as argumentation 

because it is not a notice—unlike ZTE’s Notice, Dkt. No. 102; rather, WSOU’s “Response” was 

an attempt a further briefing, which was filed without leave, filed without consulting ZTE, and is 

purely argumentative.

Case 6:20-cv-00494-ADA Document 101 Filed 08/05/21 Page 2 of 4
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DATED: August 5, 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 Defendants, 

ZTE Corporation

ZTE (USA), Inc.

ZTE (TX), Inc.

Case 6:20-cv-00494-ADA Document 101 Filed 08/05/21 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 August 5, 2021. 

/s/Lionel M. Lavenue 

Lionel M. Lavenue

Case 6:20-cv-00494-ADA Document 101 Filed 08/05/21 Page 4 of 4