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.

Civil Action No. 6:20-cv-00487-ADA

Civil Action No. 6:20-cv-00488-ADA

Civil Action No. 6:20-cv-00489-ADA

Civil Action No. 6:20-cv-00490-ADA

Civil Action No. 6:20-cv-00491-ADA

Civil Action No. 6:20-cv-00492-ADA

Civil Action No. 6:20-cv-00493-ADA

Civil Action No. 6:20-cv-00494-ADA

Civil Action No. 6:20-cv-00495-ADA

Civil Action No. 6:20-cv-00496-ADA

Civil Action No. 6:20-cv-00497-ADA

ORDER REGARDING DISCOVERY DISPUTES

This Court, having considered disputes raised by Plaintiff WSOU Investments, LLC d/b/a 

Brazos Licensing and Development (“Plaintiff”) and Defendant ZTE Corporation (“Defendant”) 

during the April 14, 2022, Discovery Hearing. Based on the arguments raised at the hearing, based 

on Court’s earlier rulings in this case, and based on the Court’s rulings in other pending cases 

involving the same Plaintiff on similar discovery disputes, the Court hereby ORDERS the 

following:

1. Defendant’s request for 30(b)(6) testimony on 30(b)(6) Topics served to Plaintiff 

is DENIED-IN-PART and GRANTED-IN-PART;

2. Defendant’s request for 30(b)(6) testimony on the following topics is GRANTED 

subject to the following limitations:

No. Topic Limitation

2 Plaintiff’s annual reportings for each year, 

beginning with the year 2014.

to the extent there are annual reports 

from 2017 to the present that are filed 

with a governmental entity. Plaintiff is 

Case 6:20-cv-00496-ADA Document 182 Filed 04/25/22 Page 1 of 6
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not required to produce internal 

financial statements that are not filed 

with a governmental entity, nor is 

Plaintiff required to provide 30(b)(6) 

testimony regarding internal financial 

statements that are not filed with a 

governmental entity.

3

Plaintiff’s past and current predecessors and 

affiliates, including parent companies, 

subsidiaries, partnerships, joint ventures, 

divisions, and shareholders.

4

The involvement of any Third Party with the 

establishment, operation, and control of, 

and/or financial interest in, Plaintiff and 

Plaintiff’s activities related to these actions.

30

All transcripts (including printed transcripts, 

audiotapes, witness statements, and 

videotapes) of any sworn testimony ever 

given by any Named Inventor.

to the extent Plaintiff is in possession of 

transcripts of any sworn testimony 

given by a named inventor of the 

patents-in-suit; otherwise to testify that 

Plaintiff is not in possession of such 

documents.

50

All facts relating to any non-privileged 

Communications between Plaintiff and any 

other entity relating to indemnification 

agreements, litigation agreements, privilege 

agreements, or confidentiality agreements 

that relate in any way to the WSOU Asserted 

Patents, any Related Patent, any Accused 

Products, any IPR Proceedings, any of these 

actions, or Defendant.

at the highest level to explain whether 

Plaintiff’s communication is privileged

or not.

52

All facts and things related to any of Your 

board meetings, including but not limited to 

meeting minutes and presentations, regarding 

the Accused Products.

to testify whether or not Plaintiff has 

board meetings and whether board 

meetings are privileged or attorney 

work product.

53

All transcripts and recordings of any 

Plaintiff’s investor, earnings, or analyst calls 

that mention Defendant.

to the extent the requested transcripts 

and recordings made of Plaintiff’s 

investor earnings or analysts’ calls with 

third parties mention Defendant.

3. Defendant’s request for 30(b)(6) testimony for the following topics is DENIED:

No. Topic

10

Any findings of validity, infringement, enforceability, 

invalidity, noninfringement, or unenforceability of any of 

the WSOU Asserted Patents or any Related Patent.

Case 6:20-cv-00496-ADA Document 182 Filed 04/25/22 Page 2 of 6
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11

Any assessments, evaluations, or considerations of validity, 

infringement, enforceability, invalidity, noninfringement, or 

unenforceability for any of the WSOU Asserted Patents or 

any Related Patent.

12

The scope of the validity or patentability of any of the 

WSOU Asserted Patents or any Related Patent, including 

any patents, publications, prior knowledge, public uses, 

sales, or offers for sale, that may constitute, contain, 

disclose, refer to, relate to, or embody any Prior Art to the 

subject matter of any claim of any of the WSOU Asserted 

Patents.

13 The scope of the enforceability of any of the WSOU 

Asserted Patents or Related Patents.

14

Any investigation or consideration of the patentability of 

any subject matter described or claimed in any of the 

WSOU Asserted Patents.

15

Any prior use, knowledge, invention, conception, reduction 

to practice, sale, or offer for sale of the inventions claimed 

in any of the WSOU Asserted Patents or Related Patents.

16

Any act of diligence leading to the reduction to practice of 

the subject matter of each claim of each of the WSOU 

Asserted Patents and any thing which Plaintiff contends 

corroborate any act of diligence leading to the reduction to 

practice.

17

Any prior art searches, evaluations, or opinions regarding 

any of the WSOU Asserted Patents or Related Patents, any 

technical studies or information regarding any of the WSOU 

Asserted Patents or Related Patents, or any legal opinions 

relating to any of the WSOU Asserted Patents or Related 

Patents.

18

Any motivation to combine any prior art teachings to yield 

the subject matter disclosed or claimed in any of the WSOU 

Asserted Patents.

19

The first disclosure to a Person other than a Named Inventor 

of the subject matter of any claim of any of the WSOU 

Asserted Patents or any Related Patent.

Case 6:20-cv-00496-ADA Document 182 Filed 04/25/22 Page 3 of 6
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20

With respect to each of the WSOU Asserted Patents, 

whether: (a) the subject matter of any claim allegedly 

satisfied a long felt need in the art to which they pertain, (b) 

the industry failed to solve problems that allegedly are 

solved by the subject matter of any claim, (c) experts in the 

industry allegedly expressed skepticism concerning the 

subject matter of any claim, (d) the subject matter of any 

claim allegedly has been a commercial success, the industry 

allegedly has recognized the significance of the subject 

matter of any claim, (f) the subject matter of any claim 

allegedly has been copied by others in the industry, and (g) 

the subject matter of any claim allegedly achieved 

unexpected results.

21

All facts which Plaintiff intends to rely to support the 

validity of any WSOU Asserted Claims, including, without 

limitation, evidence of objective indicia of nonobviousness 

and other evidence of alleged novelty or non-obviousness.

22

All facts related to what Plaintiff contends to be the level of 

ordinary skill in the art for each of the WSOU Asserted 

Patents.

23

All facts relating to any analysis or opinions, written or oral, 

as to the patentability, unpatentability, validity, novelty, 

obviousness, invalidity, enforceability, unenforceability, 

Infringement, or noninfringement of any claim of any of the 

WSOU Asserted Patents, or to the preparation of any such 

opinions, or which were considered in formulating any such 

opinions.

24

All facts relating to any research, development, 

manufacturing, testing, and analysis relating to the subject 

matter disclosed or claimed in any of the WSOU Asserted 

Patents or any Related Patents, including Documents 

sufficient to identify worldwide location(s) of such testing, 

companies or Individuals who performed the testing, when 

such testing was conducted, the purchase date of any of 

these products for testing, the results of each investigation

or test, and three samples of any system tested.

25

All Communications with Named Inventors relating to the 

WSOU Asserted Patents and/or Accused Products and/or an 

attorney involved in the prosecution of any of the WSOU 

Asserted Patents.

31

All facts and things related to any description of any 

invention claimed or described in of any of the WSOU 

Asserted Patents and any Related Patent, including, without 

limitation, all “invention disclosures” and other descriptions 

authored by or with the input of any Named Inventor.

Case 6:20-cv-00496-ADA Document 182 Filed 04/25/22 Page 4 of 6
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32

All facts that refer or relate to any allegation, by any 

Persons or entity, that a Named Inventor of a WSOU 

Asserted Patent, or anyone acting on his or her behalf or 

that of the assignee of the patent, committed inequitable 

conduct during the prosecution of a WSOU Asserted Patent 

or Related Patent.

33

All facts upon which Plaintiff relies for their contention, if 

any, that Defendant infringes any WSOU Asserted Claims 

of any of the WSOU Asserted Patents.

34 All facts on which Plaintiff relies to support any claim of 

alleged indirect infringement in this action.

35

All facts relating to whether the Accused Products practice 

the WSOU Asserted Claims of any of the WSOU Asserted 

Patents, including, without limitation, all Documents 

concerning any test or evaluation of any Defendant’s 

devices, apparatuses, methods, processes, or systems 

conducted by Plaintiff or on Plaintiff’s behalf.

38

All facts relating to the knowledge by Defendant, of any of 

the WSOU Asserted Patents or Related Patents prior to the 

filing of the Complaint in this action against Defendant.

39

All facts relating to any comparison between or analysis of 

any of the WSOU Asserted Patents and Related Patents and 

any model and version of the Accused Products.

40 All facts relating to any comparison between the WSOU 

Asserted Patents and any Accused Products.

54

All facts and things relating to these actions obtained from 

Third Parties, regardless of whether such Documents or 

things were obtained through subpoena.

56

The curriculum vitae of any Persons that have prepared or 

will prepare an expert report on Plaintiff’s behalf in this 

action.

57

All facts and things provided to, viewed by, considered by, 

relied upon or created by any Persons that have prepared or 

will prepare an expert report on Plaintiff’s behalf in this 

action.

58

All facts and things related to Communications between 

Plaintiff and any consultant or expert relating to the WSOU 

Asserted Patents, Related Patents, Accused Products, any of 

the IPR Proceedings, these actions, or Defendant.

59

All facts and things related to these actions that were 

referred to, prepared by, or provided to any Persons who 

Plaintiff expect to call as a witness (including both fact and 

expert witnesses) at any hearing in this action.

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60

All facts and things related to retention and/or compensation 

(by Plaintiff or on their behalf) of, the time spent by, or fees 

or other compensation paid to, any Persons in connection 

with this matter whom Plaintiff expects to call as an expert 

witness at any hearing in this action.

62

Transcripts, witness statements, and video records of 

testimony given in any proceeding by anyone Plaintiff 

expects to call as a witness in these actions.

64

For each affirmative defense asserted by Defendant in this 

action, all facts that Plaintiff alleges support or form the 

basis of their contention that each such affirmative defense 

does not bar Plaintiff’s cause of action.

67

All facts and things Plaintiff may use as exhibits and/or 

offer as evidence at a deposition, hearing, or at trial for 

these actions.

69

All facts relating to any alleged damages that Plaintiff is 

claiming in these actions, including all Documents on which 

Plaintiff intends to rely as evidence supporting any damages 

theory that Plaintiff intends to assert in this action—

including without limitation, all Documents that comprise 

the basis for any calculations of lost profits, price erosion, 

or a reasonable royalty under 35 U.S.C. § 284 (including a 

reasonable royalty rate and a reasonable royalty base) for 

the WSOU Asserted Patents, as well as any notice provided 

by marking the number of the WSOU Asserted Patents or 

any Related Patent on any product or device used, sold, or 

offered for sale by or under Plaintiff’s authority or the 

authority of Plaintiff’s predecessors-in-interest.

Signed this 25th day of April, 2022.

____________________________________

HON. ALAN D. ALBRIGHT

UNITED STATES DISTRICT JUDGE

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