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WSOU’s First Trial Fizzles

February 26, 2023

This past week, previously high-volume filer WSOU Investments, LLC (d/b/a Brazos Licensing and Development) began its first trial, in a set of three cases filed among a dozen against Dell (EMC) and VMware (which spun out of Dell in 2021, with a Broadcom acquisition pending) back in 2020. The disputes whittled down over the course of last year, three dismissed with prejudice in January; three more, in April; and one more, in August. This set of three cases just went to trial, with the remaining two scheduled for a July 2023 trial. District Judge Alan D. Albright directed a verdict in the defendants’ favor at the close of WSOU’s case as to the one remaining patent, after granting summary judgment of no infringement of the other two a few days earlier. WSOU appears to have run afoul of the basic principle that a testifying expert can only present opinions at trial that have been outlined in an expert report, the contents of which must conform to the plaintiff’s operative infringement contentions.


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