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.

Case No. 6:20-cv-00474-ADA

Case No. 6:20-cv-00475-ADA

Case No. 6:20-cv-00476-ADA

Case No. 6:20-cv-00479-ADA

JURY TRIAL DEMANDED

DECLARATION OF BRIAN A. ROSENTHAL IN SUPPORT OF

DEFENDANTS’ RESPONSIVE CLAIM CONSTRUCTION BRIEF REGARDING

PATENT NOS. 7,212,536, 7,453,888, 7,565,435 & 8,402,129

Case 6:20-cv-00474-ADA Document 85-1 Filed 03/17/21 Page 1 of 4
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I, Brian A. Rosenthal, declare as follows:

1. I am an attorney permitted to practice law before this Court pro hac vice and am 

licensed to practice law in New York and the District of Columbia. I am a partner with the law 

firm of Gibson, Dunn & Crutcher LLP and counsel of record for Defendants Dell Technologies 

Inc., Dell Inc., and EMC Corporation (collectively, “Defendants”) in the above-captioned action. 

I have personal knowledge and/or am directly informed of the matters stated below and, if called, 

would testify to them under oath.

2. Attached hereto as Exhibit 1 is a true and correct copy of excerpts of the reference 

titled, “Internetworking: A Guide to Network Communications, by Mark A. Miller (1997) 

(excerpts) (“Miller”).” 

3. Attached hereto as Exhibit 2 is a true and correct copy of excerpts of the reference 

titled, “Concise Telecom Networking Dictionary, McGraw-Hill (2000).” 

4. Attached hereto as Exhibit 3 is a true and correct copy of excerpts of the reference 

titled, “TCP/IP and Related Protocols,” by Uyless Black (1992) (“Black”).

5. Attached hereto as Exhibit 4 is a true and correct copy of excerpts of WSOU 

Investments, LLC d/b/a Brazos Licensing and Development (“Plaintiff”) Infringement 

Contentions for U.S. Patent No. 7,212,536, dated October 14, 2020.

6. Attached hereto as Exhibit 5 is a true and correct copy of excerpts of the reference 

titled, “Computer Networks,” by Andrew S. Tanenbaum (1996) (“Tanenbaum”).

7. Attached hereto as Exhibit 6 is a true and correct copy of Plaintiff’s Preliminary 

Constructions, dated January 20, 2021.

8. Attached hereto as Exhibit 7 is a true and correct copy of excerpts from the ’888 

patent File History, Oct. 19, 2007 Applicant Argument. This was retrieved from the United States 

Case 6:20-cv-00474-ADA Document 85-1 Filed 03/17/21 Page 2 of 4
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Patent Office’s website (https://portal.uspto.gov/pair/PublicPair).

9. Attached hereto as Exhibit 8 is a true and correct copy of excerpts from the ’888 

patent File History, June 9, 2008 Applicant Argument. This was retrieved from the United States 

Patent Office’s website (https://portal.uspto.gov/pair/PublicPair).

10. Attached hereto as Exhibit 9 is a true and correct copy of annotated excerpts of the 

reference titled, “RS Switch Router User Guide Release 7.0” (“Riverstone”).

11. Attached hereto as Exhibit 10 is a true and correct copy of excerpts from the ’888 

patent File History, April 8, 2008 Applicant Argument. This was retrieved from the United States 

Patent Office’s website (https://portal.uspto.gov/pair/PublicPair).

12. Attached hereto as Exhibit 11 is a true and correct copy of excerpts of the ’888 

patent File History, January 8, 2008 Final Rejection. This was retrieved from the United States 

Patent Office’s website (https://portal.uspto.gov/pair/PublicPair).

13. Attached hereto as Exhibit 12 a true and correct copy of the reference U.S. Patent 

No. 6,678,241 (“Gai”). 

14. Attached hereto as Exhibit 13 is a true and correct copy of MPEP § 2181.

15. Attached hereto as Exhibit 14 is a true and correct copy of Joint Chart and 

Plaintiff’s Claim Construction Summaries.

16. Attached hereto as Exhibit 15 is a true and correct copy of an excerpt of Plaintiff’s 

Infringement Contentions for U.S. Patent No. 8,402,129, dated October 14, 2020. 

17. Attached hereto as Exhibit 16 is a true and correct copy of excerpts from the ’129 

patent File History, May 2, 2007 Applicant Response. This was retrieved from the United States 

Patent Office’s website (https://portal.uspto.gov/pair/PublicPair).

18. Attached hereto as Exhibit 17 is a true and correct copy of excerpts from the ’129 

Case 6:20-cv-00474-ADA Document 85-1 Filed 03/17/21 Page 3 of 4
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patent File History, Sept. 17, 2007 Applicant Response. This was retrieved from the United States 

Patent Office’s website (https://portal.uspto.gov/pair/PublicPair).

19. Attached hereto as Exhibit 18 is a true and correct copy of a January 27, 2021 email 

sent by Kyanna Sabanoglu, counsel for Defendants, to Ryan Loveless, counsel for Plaintiff, 

regarding agreement for the “initiating a poll . . .” disputed term for the ’129 patent. 

20. Attached hereto as Exhibit 19 is a true and correct copy of a February 26, 2021 

email I sent to Plaintiff’s counsel regarding a proposed agreement regarding the “initiating a poll 

. . .” disputed term for the ’129 patent and asking for Plaintiff’s response by March 3, 2021. On 

February 26, 2021, I sent an email to WSOU on behalf of Defendants regarding the “initiating a 

poll . . .” disputed claim term for U.S. Patent No. 8,402,129. In light of WSOU’s opening claim 

construction briefing, the email proposed an agreement between the parties that “management 

station” mean “a management station that is capable of initiating a poll in response to both 

reporting from the node and a time interval being exceeded.” I asked for a response by March 3. 

WSOU did not respond to my email.

I declare under penalty of perjury that the foregoing is true and correct.

Dated: March 17, 2021

/s/ Brian A. Rosenthal___ Brian A. Rosenthal

Case 6:20-cv-00474-ADA Document 85-1 Filed 03/17/21 Page 4 of 4