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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

-vsZTE CORPORATION,

 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

ORDER 

Having considered the parties’ supplemental briefing on transfer of venue under 28 

U.S.C. §1404(a), the Court denies defendant ZTE Corporation’s (“ZTE Corp.”) request to 

transfer the above-titled actions to the Northern District of Texas (“NDTX”). Plaintiff WSOU 

initiated these actions against ZTE Corp and another two ZTE entities—ZTE (USA), Inc. (“ZTE 

USA”) and ZTE (TX), Inc. (“ZTE TX”)—on June 3, 2020. ECF No. 1. The Court subsequently 

dismissed ZTE USA and ZTE TX from these actions for improper venue. ECF No. 105. 

Afterwards, ZTE USA filed a parallel litigation in the NDTX involving the same Patents-in-Suit. 

See ZTE (USA) Inc. v. WSOU Investments, LLC, civil no. 3:21-cv-02128 (N.D. Tex. Sept. 7, 

2021) (“the NDTX Action”). ZTE Corp. now requests this Court to transfer these actions to the 

NDTX, asserting that judicial economy warrants the application of an exception to the “first-tofile” rule. ECF No. 118 at 3. 

Case 6:20-cv-00496-ADA-DTG Document 148 Filed 01/03/22 Page 1 of 2
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The “first-to-file” rule is a “doctrine of federal comity, intended to avoid conflicting 

decisions and promote judicial efficiency.” Merial Ltd. v. Cipla Ltd., 681 F.3d 1283, 1299 (Fed. 

Cir. 2012). The first-to-file doctrine generally favors pursuing the first-filed action, but “the rule 

is not rigidly or mechanically applied.” In re Voip-Pal.com, Inc., 845 F. App’x 940, 942 (Fed. 

Cir. 2021). Exceptions to the first-to-file rule are warranted when “sound reason [exists] that 

would make it unjust or inefficient to continue the first-filed action.” Elecs. For Imaging, Inc. v. 

Coyle, 394 F.3d 1341, 1347 (Fed. Cir. 2005).

The Court does not find that judicial economy warrants the application of an exception to 

the “first-to-file” rule in these actions. ZTE USA is not an indispensable party in these actions. 

These actions have been litigated before the Court since June 3, 2020 and have been moving 

forward at a relatively fast pace. Claim construction for these actions has already been fully 

briefed. The parties have been conducting fact discovery for over four months, and the Court has 

resolved numerous discovery disputes between the parties. By contrast, the only significant 

movement in the NDTX Action since it was filed on September 7, 2021 is that the parties have 

completed their briefing for motion to dismiss, which is still pending resolution as of today. 

Therefore, the Court does not find that transferring these actions to the NDTX would promote 

the efficient resolution of the disputes between the parties or judicial economy. 

It is therefore ORDERED that ZTE Corp.’s request to transfer these actions to the 

NDTX (ECF No. 118) is DENIED. 

SIGNED this 3rd day of January, 2022.

ALAN D ALBRIGHT

UNITED STATES DISTRICT JUDGE

Case 6:20-cv-00496-ADA-DTG Document 148 Filed 01/03/22 Page 2 of 2