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-00473-ADA

JURY TRIAL DEMANDED

SUPPLEMENTAL DECLARATION OF BRIAN A. ROSENTHAL IN SUPPORT OF

DEFENDANTS’ REPLY IN SUPPORT OF OPPOSED MOTION FOR 

INTRA-DISTRICT TRANSFER OF VENUE

TO THE AUSTIN DIVISION OF THE WESTERN DISTRICT OF TEXAS

Case 6:20-cv-00473-ADA Document 54-1 Filed 11/25/20 Page 1 of 4
1

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 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 21 are true and correct copies of the Declarations of 

Matt Hogan, filed in the following cases:

# Case Number Docket Number Filing Date

1 6:20-CV-00454-ADA 32-1 Oct. 16, 2020

2 6:20-CV-00455-ADA 28-1 Oct. 16, 2020

3 6:20-CV-00456-ADA 29-1 Oct. 16, 2020

4 6:20-CV-00457-ADA 28-1 Oct. 16, 2020

5 6:20-CV-00458-ADA 30-1 Oct. 16, 2020

6 6:20-CV-00459-ADA 28-1 Oct. 16, 2020

7 6:20-CV-00460-ADA 30-1 Oct. 16, 2020

8 6:20-CV-00461-ADA 30-1 Oct. 16, 2020

9 6:20-CV-00462-ADA 30-1 Oct. 16, 2020

10 6:20-CV-00463-ADA 28-1 Oct. 16, 2020

11 6:20-CV-00464-ADA 30-1 Oct. 16, 2020

12 6:20-CV-00465-ADA 30-1 Oct. 16, 2020

13 6:20-CV-00473-ADA

Case No. 20-cv-473, 

D.I. 51-51

Nov. 18, 

2020

14 6:20-CV-00474-ADA

15 6:20-CV-00475-ADA

16 6:20-CV-00476-ADA

17 6:20-CV-00477-ADA

18 6:20-CV-00478-ADA

19 6:20-CV-00479-ADA

20 6:20-CV-00480-ADA

21 6:20-CV-00481-ADA

22 6:20-CV-00482-ADA

1

 While WSOU refers to the declaration of Matt Hogan in each of these cases, WSOU filed “its 

exhibits only in Case 6:20-CV-00473-ADA.” See Case No. 20-cv-473, D.I. 51 at n.1.

Case 6:20-cv-00473-ADA Document 54-1 Filed 11/25/20 Page 2 of 4
2

23 6:20-CV-00485-ADA

24 6:20-CV-00486-ADA

25 6:20-CV-00487-ADA 36-2 Nov. 6, 2020

26 6:20-CV-00488-ADA 34-2 Nov. 6, 2020

27 6:20-CV-00489-ADA 35-2 Nov. 6, 2020

28 6:20-CV-00490-ADA 32-2 Nov. 6, 2020

29 6:20-CV-00491-ADA 34-2 Nov. 6, 2020

30 6:20-CV-00492-ADA 34-2 Nov. 6, 2020

31 6:20-CV-00493-ADA 33-2 Nov. 6, 2020

32 6:20-CV-00494-ADA 34-2 Nov. 6, 2020

33 6:20-CV-00495-ADA 34-2 Nov. 6, 2020

34 6:20-CV-00496-ADA 34-2 Nov. 6, 2020

35 6:20-CV-00497-ADA 34-2 Nov. 6, 2020

3. Attached hereto as Exhibit 22 is a true and correct copy of an article titled “Large 

Portfolio of Former Nokia Patents Put on Market,” dated February 9, 2018 and obtained from 

https://news.bloomberglaw.com/ip-law/large-portfolio-of-former-nokia-patents-put-on-market

(last retrieved November 23, 2020), and an article titled “Huawei Remains In The WSOU 

Crosshairs, With Nine New Cases Filed,” dated March 28, 2020 and obtained from 

https://www.mondaq.com/unitedstates/patent/909324/huawei-remains-in-the-wsou-crosshairswith-nine-new-cases-filed (last retrieved November 23, 2020).

4. Attached hereto as Exhibit 23 is a true and correct copy of the docket report for 

Data Scape Ltd. v. Dell Techs., Inc. et al., Case No. 1:19-cv-00605-ADA (W.D. Tex. 2020). This 

docket report was retrieved from PACER (https://pcl.uscourts.gov/pcl/index.jsf) on November 22, 

2020.

5. Attached hereto as Exhibit 24 is a true and correct copy of WSOU Investments, 

LLC d/b/a Brazos Licensing and Development’s Opposition Brief to ZTE (USA) Inc.’s Motion to 

Dismiss or in the Alternative Transfer Venue, which was filed as Docket Number 36 in Case No. 

6:20-cv-00487-ADA (W.D. Tex.), on November 6, 2020.

Case 6:20-cv-00473-ADA Document 54-1 Filed 11/25/20 Page 3 of 4
3

6. Attached hereto as Exhibit 25 is a true and correct copy of Federal District Court 

Cases for Judges Albright, Pitman, Yeakel, Nowlin, and Sparks, obtained from Lex Machina, 

https://lexmachina.com, on November 22, 2020.

7. Attached hereto as Exhibit 26 is a true and correct copy of a document titled 

“United States District Court Western District of Texas Fiscal Year Statistics 2019,” obtained from 

https://www.txwd.uscourts.gov/wp-content/uploads/District%20Statistics/2019/Fiscal%20Year

%20Statistics%20-%202019.pdf on November 23, 2020.

8. Attached hereto as Exhibit 27 is a true and correct copy of Microsoft Corporation’s 

Reply Brief in Support of its Opposed Motion to Transfer Venue to Austin Division and a true and 

correct copy of Exhibit 19 to that Brief, which were filed, as Docket Numbers 34 and 34-3 

respectively in Case No. 6:20-cv-00454-ADA (W.D. Tex.), on October 23, 2020.

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

Dated: November 25, 2020

/s/ Brian A. Rosenthal___ 

Brian A. Rosenthal

Case 6:20-cv-00473-ADA Document 54-1 Filed 11/25/20 Page 4 of 4