DECLARATION OF LIONEL LAVENUE

My name is Lionel M. Lavenue. I am over the age of 21 and am competent to make this 

declaration. The facts stated herein are within my personal knowledge and are true and correct. I 

am an attorney admitted to practice in this District. I am with the Finnegan, Henderson, Farabow, 

Garrett & Dunner, LLP law firm.

1. Per the Court’s February 12, 2021 standing order regarding sealed filings,

Defendants cooperated and timely informed WSOU on Tuesday, June 22, 2021 of 14 issues in 

WSOU’s June 18, 2021 Response sealed filings. Dkt. 86 (case -00487). Defendants informed 

WSOU that these 14 issues prevented ZTE’s good faith efforts in analyzing the 

public/confidentiality of WSOU’s statements in its June 18, 2021 brief. Id. Defendants further 

requested correction and/or explanation from WSOU for those 14 issues. WSOU responded the 

same day, June 22, and declined to provide explanations, and further declined to address any 

needed corrections. Defendants then prepared for WSOU’s reconsideration an in-depth analysis of 

several examples of the issues and problem throughout WSOU’s June 18th sealed filing, asking for 

a response/correction. On Wednesday, June 23, WSOU finally acknowledged at least some errors 

in its June 18th Response sealed filing. WSOU acknowledged that at least one of the 14 issues 

required correction and, on Thursday, June 24, (a day before the public filing due date and ZTE’s 

reply due date), WSOU unilaterally and without leave filed its corrections. Dkt. 88. Below is a 

chart representing the true and correct 14 identified issues presented to WSOU by Defendants via 

electronic communication on June 22, 2021. 

PUBLIC VERSION
Sections WSOU Represents as Facts without Citations

Issue 

No.

WSOU's Statements Defendants' Reply

1 

"2. Warehouses used by ZTE are 

regularly established places of business of 

ZTE. The CEVA warehouses in the 

WDTX are also regularly established 

places of business of ZTE. The 

warehouses are physical places that require 

the regular, physical presence of an 

employee or other agent of the defendant 

conducting the defendant’s business.” Dkt. 

85 (case -00487), p. 12.

Please provide an explanation for WSOU’s 

representations regarding any alleged 

activities in the WDTX, so we may 

analyze the confidentiality and any needed 

redacting for this section.

2 

"ZTE USA sold and serviced 

telecommunication equipment in the 

Western District of Texas.” Dkt. 85 (case 

-00487), p. 6.

There is no citation or support for this 

statement. Please provide an explanation 

for WSOU’s representations regarding any 

alleged activities in the WDTX, so we may 

analyze the confidentiality and any needed 

redacting for this section.

3 

“The cell towers where ZTE installs and 

services its equipment are regularly 

established places of business of ZTE. 

They consist not only of towers, but of 

adjacent buildings where ZTE’s 

equipment is stored, as pictured below: 

[picture].” Dkt. 85 (case -00487), p. 9; see 

also p. 10 (“housing ZTE’s equipment”).

There is no citation or support for this 

section. Please provide an explanation for 

WSOU’s representations regarding any 

alleged activity, so we may analyze the 

confidentiality and any needed redacting 

for this section.

4 

“ZTE products are also sold in multiple 

stores in the Western District of Texas.” 

Dkt. 85 (case -00487), p. 7.

There is no citation or support for this 

section. Please provide an explanation for 

WSOU’s representations regarding any 

alleged activities in the WDTX, so we may 

analyze the confidentiality and any needed 

redacting for this section.

PUBLIC VERSION
5 

“ZTE jointly developed and markets the 

GizmoWatch2 with Verizon.” Dkt. 85 

(case -00487), p. 7.

There is no citation or support for this 

section. Please provide an explanation for 

WSOU’s representations regarding any 

alleged activity, so we may analyze the 

confidentiality and any needed redacting 

for this section.

Sections WSOU Represent as Facts with Partial and Faulty Citations

Issue 

No.

WSOU's Statements Defendants' Reply

6 

“

Dkt. 85 

(case -00487), p. 3.

There is no proper citation for this in-text 

picture. The in-text picture is not in Ex. 9. 

In fact, Ex. 9 does not have a 42nd page 

either. Please provide an explanation for 

WSOU’s representation regarding the intext picture so we may analyze the 

confidentiality and any needed redacting 

for this section.

[Updated] WSOU acknowledge the error 

of its original filing and, without leave, 

filed a corrected Exhibit 9 on June 24, 

2021. Dkt. 88 (case –00487).

7 

“ZTE USA has stored its products in 

warehouses in Austin and San Antonio. 

Ex. 11 (map showing locations of 

warehouses used by ZTE and its logistics 

partner CEVA).” Dkt. 85 (case -00487), p. 

5; see also Loveless Declaration, ¶ 13 

(“Exhibit 11 is a true and correct copy of a 

map showing the locations of warehouses 

used by ZTE and its logistics partner, 

Ceva.”) 

In particular, WSOU represents that “ZTE 

USA has stored its products in 

warehouses in Austin and San Antonio . . 

.” and that the Ex. 11 map shows locations 

“used by ZTE,” however, no referenced 

citation supports these statements 

regarding ZTE storage in Austin or San 

Antonio. Please provide an explanation for 

WSOU’s representations regarding alleged 

ZTE storage in Austin or San Antonio, so 

we may analyze the confidentiality and 

any needed redacting for this section. 

PUBLIC VERSION
8 

“As part of this business model, ZTE USA 

installed Air to Ground (“ATG”) 

telecommunications equipment in multiple 

towers in this District. Ex. 5-8. ZTE’s 

ATG communication equipment in this 

District includes software defined radio 

(“SDR”) base stations and antennas that 

provide internet access to passengers in 

airplanes flying overhead. See e.g., Ex. 7 at 

2 (“ZTE will provide up to 3 SDR units”). 

ZTE USA’s ATG communication 

equipment is used in a service referred to 

as “Gogo,” provided by a company with 

the same name. Ex. 5-8.” Dkt. 85 (case –

00487), pp. 1-2, see also p. 3 (WSOU 

representing that the exhibits contain 

photographs of towers “with ZTE USA 

equipment just southwest of Austin.”

In particular, WSOU represents that “ZTE 

USA installed” equipment “in this 

District,” and that the ZTE “ATG 

communication equipment in this district,” 

however, none of the referenced exhibits 

indicate that any equipment was 

installed/included in this District. Please 

provide an explanation for WSOU’s 

representations regarding “in this District,” 

so we may analyze the confidentiality and 

any needed redacting for this section.

9 

“ZTE USA personnel have access to this 

restricted area to service ZTE equipment. 

See Ex. 5-8.” Dkt. 85 (case -00487), p. 3.

The cited Exs. 5-8 do not discuss “access 

to restricted area.” Please provide an 

explanation for WSOU’s representation 

regarding “access to restricted area,” so we 

may analyze the confidentiality and any 

needed redacting for this section.

10 

“ZTE’s logistic partner for both 

importation into the U.S. and the ultimate 

delivery to end-consumers is a company 

called CEVA. See Ex. 12 (Article: 

“CEVA honored by ZTE with Best 

Logistics Partner award – references a 

“highly effective supply chain from the 

manufacturing right through to delivery to 

the U.S. market”); Ex. 14. Dkt. 85 (case -

00487), p. 5.

The cited Exs. 12-14 do not provide 

support for deliver to “end-consumers” as 

WSOU represents. Please provide an 

explanation for WSOU’s representations 

regarding delivery to “end-consumers,” so 

we may analyze the confidentiality and 

any needed redacting for this section.

PUBLIC VERSION
11 

“ZTE uses CEVA in ‘handl[ing] delivery 

to ZTE’s USA customers” (Ex. 16 ¶18).” 

Dkt. 85 (case -00487), p. 5.

The cited declaration, Ex. 16, from 2012 

does not provide support for present tense 

“use,” nor does it provide support for 

logistical support from CEVA. Please 

provide an explanation for WSOU’s 

representations regarding current (i.e. 

present tense), logistical support, so we 

may analyze the confidentiality and any 

needed redacting for this section.

12 

“

.” Dkt. 85 (case -00487), pp. 6-7. 

Again, the cited exhibit does not provide 

support present tense “use,” with respect to 

logistical third-party Ceva. Please provide 

an explanation for WSOU’s 

representations regarding current (i.e. 

present tense) logistical support with Ceva, 

so we may analyze the confidentiality and 

any needed redacting for this section.

13 

“In early 2020, ZTE was selling the Axon 

10 pro from its website. Ex. 18.” Dkt. 85 

(case -00487), p. 6.

The cited exhibit does not provide support 

for “selling.” There is a distinction 

between “offering for sale” and “selling.” 

Please provide an explanation for WSOU’s 

representation of “selling,” so we may 

analyze the confidentiality and any needed 

redacting for this section.

Sections WSOU Represent as Facts with Partial and Faulty Citations

Issue 

No.

WSOU's Statements Defendants' Reply

PUBLIC VERSION
14 

“

” Dkt. 85 (case -00487), p. 6.

There is no citation for the above section 

and it is unclear which parts WSOU 

represents as fact and which parts WSOU 

represents as “on information and belief.” 

For instance, it is unclear whether WSOU 

represents as fact that ZTE had warehouses 

in Austin and San Antonio,

and vise versa 

for what WSOU has “upon information 

and belief.” As such, please provide an 

explanation for any of WSOU’s allegedly 

factual or speculative statements from 

above, so we may analyze the 

confidentiality and any needed redacting 

for this section.

2. As of the filing of this Reply brief, WSOU has not responded regarding the 

remaining 13 identified issues as initially raised by Defendants on June 22, 2021.

/s/Lionel M. Lavenue 

Lionel M. Lavenue

PUBLIC VERSION