Case 1:16-cv-02690-AT Document 110 Filed 07/26/16 Page 1 of 16
`CLOSED,JURY,KNM2,MEDIATION,PATENT/TRADEMARK,PROTECTIVE−ORDER,RWS3
`U.S. District Court [LIVE]
`Eastern District of TEXAS (Tyler)
`CIVIL DOCKET FOR CASE #: 6:15−cv−00907−RWS−KNM
`
`Sipco, LLC et al v. Emerson Electric Co. et al
`Assigned to: Judge Robert W. Schroeder, III
`Referred to: Magistrate Judge K. Nicole Mitchell
`Cause: 35:271 Patent Infringement
`
`Mediator
`
`David Folsom
`
`Plaintiff
`
`Sipco, LLC
`
`Date Filed: 10/16/2015
`Date Terminated: 07/22/2016
`Jury Demand: Both
`Nature of Suit: 830 Patent
`Jurisdiction: Federal Question
`
`represented by David Folsom
`Jackson Walker LLP
`6002−B Summerfield Drive
`Texarkana, TX 75503
`903−255−3251
`Fax: 903−255−3266
`Email: dfolsom@jw.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by Andrea Leigh Fair
`Ward, Smith & Hill, PLLC
`1507 Bill Owens Parkway
`Longview, TX 75604
`903−757−6400
`Fax: 903−757−2323
`Email: andrea@wsfirm.com
`ATTORNEY TO BE NOTICED
`
`Claire Abernathy Henry
`Ward, Smith & Hill, PLLC
`1507 Bill Owens Parkway
`Longview, TX 75604
`903−757−6400
`Fax: 903−757−2323
`Email: claire@wsfirm.com
`ATTORNEY TO BE NOTICED
`
`James C Hall
`Nutter McClennen & Fish LLP
`155 Seaport Blvd
`Seaport West
`Boston, MA 02132
`617−439−2000
`Fax: 617−310−9000
`Email: jhall@nutter.com
`ATTORNEY TO BE NOTICED
`
`Thomas Francis Meagher
`
`

`

`Case 1:16-cv-02690-AT Document 110 Filed 07/26/16 Page 2 of 16
`Meagher Emanuel Laks Goldberg & Liao LLP
`One Palmer Square, Suite 325
`Princeton, NJ 08542
`609−545−3500
`Fax: 609−454−3957
`Email: tmeagher@meagheremanuel.com
`ATTORNEY TO BE NOTICED
`
`Thomas John Ward , Jr
`Ward, Smith & Hill, PLLC
`1507 Bill Owens Parkway
`Longview, TX 75604
`903−757−6400
`Fax: 903−757−2323
`Email: jw@wsfirm.com
`ATTORNEY TO BE NOTICED
`
`Timothy John Reppucci
`Nutter McClennen & Fish LLP
`155 Seaport Blvd
`Seaport West
`Boston, MA 02132
`617−439−2563
`Fax: 617−310−6563
`Email: treppucci@nutter.com
`ATTORNEY TO BE NOTICED
`
`Paul J Cronin
`Nutter McClennen & Fish LLP
`155 Seaport Blvd
`Seaport West
`Boston, MA 02132
`617−439−2000
`Fax: 617−310−9000
`Email: pcronin@nutter.com
`ATTORNEY TO BE NOTICED
`
`represented by Andrea Leigh Fair
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Claire Abernathy Henry
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`James C Hall
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Thomas Francis Meagher
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Plaintiff
`
`IP CO, LLC
`doing business as
`INTUS IQ
`
`

`

`V.
`
`Defendant
`
`Emerson Electric Co.
`
`Case 1:16-cv-02690-AT Document 110 Filed 07/26/16 Page 3 of 16
`Thomas John Ward , Jr
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Timothy John Reppucci
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Paul J Cronin
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`represented by Donald L Jackson
`Davidson Berquist Jackson & Gowdey LLP −
`McLean VA
`8300 Greensboro Drive
`Suite 500
`McLean, VA 22102
`571/765−7703
`Fax: 571/765−7200
`Email: djackson@davidsonberquist.com
`ATTORNEY TO BE NOTICED
`
`J Scott Davidson
`Davidson Berquist Jackson & Gowdey LLP −
`McLean VA
`8300 Greensboro Drive
`Suite 500
`McLean, VA 22102
`571/765−7701
`Fax: 571/765−7200
`Email: sdavidson@davidsonberquist.com
`ATTORNEY TO BE NOTICED
`
`James D Berquist
`Davidson Berquist Jackson & Gowdey LLP −
`McLean VA
`8300 Greensboro Drive
`Suite 500
`McLean, VA 22102
`571/765−7702
`Fax: 571/765−7200
`Email: jberquist@davidsonberquist.com
`ATTORNEY TO BE NOTICED
`
`Melissa Richards Smith
`Gillam & Smith, LLP
`303 South Washington Avenue
`Marshall, TX 75670
`903/934−8450
`
`

`

`Case 1:16-cv-02690-AT Document 110 Filed 07/26/16 Page 4 of 16
`Fax: 903/934−9257
`Email: melissa@gillamsmithlaw.com
`ATTORNEY TO BE NOTICED
`
`Defendant
`
`Fisher−Rosemont Systems, Inc.
`
`Defendant
`
`Rosemount Inc.
`
`Defendant
`
`Emerson Process Management LLLP
`
`Defendant
`
`BP, p.l.c.
`
`Defendant
`
`BP America, Inc.
`
`represented by Donald L Jackson
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`J Scott Davidson
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`James D Berquist
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Melissa Richards Smith
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`represented by Donald L Jackson
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`J Scott Davidson
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`James D Berquist
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Melissa Richards Smith
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`represented by Melissa Richards Smith
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`represented by Melissa Richards Smith
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`represented by Melissa Richards Smith
`(See above for address)
`
`

`

`Case 1:16-cv-02690-AT Document 110 Filed 07/26/16 Page 5 of 16
`ATTORNEY TO BE NOTICED
`
`Defendant
`
`BP America Production Company
`
`Counter Claimant
`
`Rosemount Inc.
`
`Counter Claimant
`
`Emerson Process Management LLLP
`
`Counter Claimant
`
`Emerson Electric Co.
`
`Counter Claimant
`
`Fisher−Rosemont Systems, Inc.
`
`represented by Melissa Richards Smith
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`represented by Donald L Jackson
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`J Scott Davidson
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`James D Berquist
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Melissa Richards Smith
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`represented by Melissa Richards Smith
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`represented by Donald L Jackson
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`J Scott Davidson
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`James D Berquist
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Melissa Richards Smith
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`represented by Donald L Jackson
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`

`

`Case 1:16-cv-02690-AT Document 110 Filed 07/26/16 Page 6 of 16
`J Scott Davidson
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`James D Berquist
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Melissa Richards Smith
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`represented by Andrea Leigh Fair
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Claire Abernathy Henry
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`James C Hall
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Thomas Francis Meagher
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Thomas John Ward , Jr
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Timothy John Reppucci
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Paul J Cronin
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`represented by Andrea Leigh Fair
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Claire Abernathy Henry
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`James C Hall
`
`V.
`
`Counter Defendant
`
`IP CO, LLC
`
`Counter Defendant
`
`Sipco, LLC
`
`

`

`Case 1:16-cv-02690-AT Document 110 Filed 07/26/16 Page 7 of 16
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Thomas Francis Meagher
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Thomas John Ward , Jr
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Timothy John Reppucci
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Paul J Cronin
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Date Filed
`
`#
`
`Docket Text
`
`10/16/2015
`
`10/16/2015
`
`10/16/2015
`
`Ï 1 COMPLAINT against Emerson Electric Co., Fisher−Rosemont Systems, Inc., Rosemount Inc. (
`Filing fee $ 400 receipt number 0540−5440804.), filed by Sipco, LLC, IP CO, LLC. (Attachments:
`# 1 Civil Cover Sheet)(Cronin, Paul) (Entered: 10/16/2015)
`
`Ï 2 CORPORATE DISCLOSURE STATEMENT filed by Sipco, LLC identifying Corporate Parent
`General Electric Co. for Sipco, LLC. (Cronin, Paul) (Entered: 10/16/2015)
`
`Ï 3 CORPORATE DISCLOSURE STATEMENT filed by IP CO, LLC identifying Corporate Parent
`General Electric Co. for IP CO, LLC. (Cronin, Paul) (Entered: 10/16/2015)
`
`10/16/2015
`
`Ï 4 DEMAND for Trial by Jury by IP CO, LLC, Sipco, LLC. (Cronin, Paul) (Entered: 10/16/2015)
`
`10/16/2015
`
`10/16/2015
`
`10/16/2015
`
`10/19/2015
`
`10/19/2015
`
`10/19/2015
`
`12/10/2015
`
`Ï 5 Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S.
`Patent and Trademark Office. (Cronin, Paul) (Entered: 10/16/2015)
`
`Ï 6 NOTICE of Attorney Appearance by James C Hall on behalf of All Plaintiffs (Hall, James)
`(Entered: 10/16/2015)
`
`Ï
`
`Judge Rodney Gilstrap and Magistrate Judge K. Nicole Mitchell added. (mll, ) (Entered:
`10/19/2015)
`
`Ï 7 NOTICE of Attorney Appearance by Thomas John Ward, Jr on behalf of IP CO, LLC, Sipco, LLC
`(Ward, Thomas) (Entered: 10/19/2015)
`
`Ï 8 NOTICE of Attorney Appearance by Claire Abernathy Henry on behalf of IP CO, LLC, Sipco,
`LLC (Henry, Claire) (Entered: 10/19/2015)
`
`Ï 9 SUMMONS Issued as to Emerson Electric Co., Fisher−Rosemont Systems, Inc., Rosemount Inc.,
`and emailed to pltf for service. (mll, ) (Entered: 10/19/2015)
`
`Ï 10 Opposed MOTION to Dismiss or Transfer by Emerson Electric Co., Fisher−Rosemont Systems,
`Inc., Rosemount Inc.. (Attachments:
`# 1 Text of Proposed Order,
`# 2 Exhibit A,
`# 3 Exhibit B,
`
`

`

`Case 1:16-cv-02690-AT Document 110 Filed 07/26/16 Page 8 of 16
`# 4 Exhibit C,
`# 5 Exhibit D,
`# 6 Exhibit E,
`# 7 Exhibit F,
`# 8 Exhibit G,
`# 9 Exhibit H,
`# 10 Exhibit I,
`# 11 Exhibit J)(Smith, Melissa) (Entered: 12/10/2015)
`
`12/10/2015
`
`12/10/2015
`
`12/10/2015
`
`Ï 11 ANSWER to 1 Complaint by Emerson Electric Co., Fisher−Rosemont Systems, Inc., Rosemount
`Inc..(Smith, Melissa) (Entered: 12/10/2015)
`
`Ï 12 DEMAND for Trial by Jury by Emerson Electric Co., Fisher−Rosemont Systems, Inc., Rosemount
`Inc.. (Smith, Melissa) (Entered: 12/10/2015)
`
`Ï 13 Opposed MOTION to Stay Pending Dismissal or Transfer by Emerson Electric Co.,
`Fisher−Rosemont Systems, Inc., Rosemount Inc.. (Attachments:
`# 1 Text of Proposed Order)(Smith, Melissa) (Entered: 12/10/2015)
`
`12/10/2015
`
`Ï
`
`In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S.
`Magistrate Judge of this district court is available to conduct any or all proceedings in this case
`including a jury or non−jury trial and to order the entry of a final judgment. The form Consent to
`Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding
`pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed
`Before Magistrate Judge. (sm, ) (Entered: 12/10/2015)
`
`12/17/2015
`
`12/21/2015
`
`12/21/2015
`
`12/21/2015
`
`12/23/2015
`
`12/30/2015
`
`01/04/2016
`
`01/06/2016
`
`Ï 14 Unopposed MOTION for Extension of Time to File Response/Reply as to 13 Opposed MOTION
`to Stay Pending Dismissal or Transfer, 10 Opposed MOTION to Dismiss or Transfer by IP CO,
`LLC, Sipco, LLC. (Attachments:
`# 1 Text of Proposed Order)(Henry, Claire) (Entered: 12/17/2015)
`
`Ï 15 Return of Service Executed as to Emerson Electric Co. on 11/30/2015, by personal service; answer
`due: 12/21/2015. (mll, ) (Entered: 12/21/2015)
`
`Ï 16 Return of Service Executed as to Fisher−Rosemont Systems, Inc. on 11/30/2015, by personal
`service; answer due: 12/21/2015. (mll, ) (Entered: 12/21/2015)
`
`Ï 17 Return of Service Executed as to Rosemount Inc. on 11/30/2015, by personal service; answer due:
`12/21/2015. (mll, ) (Entered: 12/21/2015)
`
`Ï 18 ORDER granting 14 Motion for Extension of Time to File Response/Reply re 13 Opposed
`MOTION to Stay Pending Dismissal or Transfer, 10 Opposed MOTION to Dismiss or Transfer ;
`Responses due by 1/8/2016. Signed by Magistrate Judge K. Nicole Mitchell on 12/22/15. (mll, )
`(Entered: 12/23/2015)
`
`Ï 19 AMENDED COMPLAINT against Emerson Electric Co., Fisher−Rosemont Systems, Inc.,
`Rosemount Inc., Emerson Process Management LLLP, BP, p.l.c., BP America, Inc., BP America
`Production Company, filed by Sipco, LLC, IP CO, LLC.(Henry, Claire) (Entered: 12/30/2015)
`
`Ï 20 SUMMONS Issued as to BP America Production Company, BP America, Inc., BP, p.l.c., Emerson
`Process Management LLLP, and emailed to pltf for service. (mll, ) (Entered: 01/04/2016)
`
`Ï 21 NOTICE of Attorney Appearance − Pro Hac Vice by James D Berquist on behalf of Emerson
`Electric Co., Fisher−Rosemont Systems, Inc., Rosemount Inc.. Filing fee $ 100, receipt number
`0540−5551937. (Berquist, James) (Entered: 01/06/2016)
`
`01/06/2016
`
`Ï 22 NOTICE of Attorney Appearance − Pro Hac Vice by J Scott Davidson on behalf of Emerson
`Electric Co., Fisher−Rosemont Systems, Inc., Rosemount Inc.. Filing fee $ 100, receipt number
`
`

`

`01/06/2016
`
`01/08/2016
`
`01/08/2016
`
`01/13/2016
`
`01/18/2016
`
`01/19/2016
`
`01/20/2016
`
`01/20/2016
`
`01/20/2016
`
`01/22/2016
`
`01/25/2016
`
`01/25/2016
`
`01/25/2016
`
`01/26/2016
`
`Case 1:16-cv-02690-AT Document 110 Filed 07/26/16 Page 9 of 16
`0540−5551939. (Davidson, J) (Entered: 01/06/2016)
`
`Ï 23 NOTICE of Attorney Appearance − Pro Hac Vice by Donald L Jackson on behalf of Emerson
`Electric Co., Fisher−Rosemont Systems, Inc., Rosemount Inc.. Filing fee $ 100, receipt number
`0540−5551947. (Jackson, Donald) (Entered: 01/06/2016)
`
`Ï 24 RESPONSE to Motion re 10 Opposed MOTION to Dismiss or Transfer filed by IP CO, LLC,
`Sipco, LLC. (Attachments:
`# 1 Exhibit A − Memorandum Opinions & Orders,
`# 2 Exhibit B − Patent Comparison Charts,
`# 3 Exhibit C − Parent Continuity Data,
`# 4 Text of Proposed Order)(Henry, Claire) (Entered: 01/08/2016)
`
`Ï 25 RESPONSE in Opposition re 13 Opposed MOTION to Stay Pending Dismissal or Transfer filed
`by IP CO, LLC, Sipco, LLC. (Attachments:
`# 1 Exhibit A − Motion Hearing transcript,
`# 2 Text of Proposed Order)(Henry, Claire) (Entered: 01/08/2016)
`
`Ï 26 NOTICE of Attorney Appearance by Thomas Francis Meagher on behalf of IP CO, LLC, Sipco,
`LLC (Meagher, Thomas) (Entered: 01/13/2016)
`
`Ï 27 Unopposed MOTION for Extension of Time to File Reply in Support of Their Motion to Dismiss
`or Transfer by Emerson Electric Co., Fisher−Rosemont Systems, Inc., Rosemount Inc..
`(Attachments:
`# 1 Text of Proposed Order)(Smith, Melissa) (Entered: 01/18/2016)
`
`Ï 28 ORDER granting 27 Motion for Extension of Time to File Reply in Support of Their Motion to
`Dismiss or Transfer. Reply is due by 1/26/2016. Signed by Magistrate Judge K. Nicole Mitchell on
`1/19/16. (mjc, ) (Entered: 01/19/2016)
`
`Ï 29 Unopposed MOTION for Extension of Time to File Reply in Support of re 13 Opposed MOTION
`to Stay Pending Dismissal or Transfer by Emerson Electric Co., Fisher−Rosemont Systems, Inc.,
`Rosemount Inc.. (Attachments:
`# 1 Text of Proposed Order)(Smith, Melissa) (Entered: 01/20/2016)
`
`Ï 30 ANSWER to 19 Amended Complaint by Emerson Electric Co., Emerson Process Management
`LLLP, Fisher−Rosemont Systems, Inc., Rosemount Inc..(Smith, Melissa) (Entered: 01/20/2016)
`
`Ï 31 DEMAND for Trial by Jury by Emerson Electric Co., Emerson Process Management LLLP,
`Fisher−Rosemont Systems, Inc., Rosemount Inc.. (Smith, Melissa) (Entered: 01/20/2016)
`
`Ï 32 ORDER granting 29 Motion for Extension of Time. The deadline for Emerson Electric Co.,
`Fisher−Rosemont Systems, Inc., and Rosemont Inc. to file their reply in support of their Motion to
`Stay Pending Dismissal or Transfer is extended to 1−26−2016. Signed by Magistrate Judge K.
`Nicole Mitchell on 01/22/16. (mll, ) (Entered: 01/22/2016)
`
`Ï 33 Return of Service Executed as to BP America, Inc. on 1/8/2016, by personal service; answer due:
`1/29/2016. (mll, ) (Entered: 01/26/2016)
`
`Ï 34 Return of Service Executed as to BP America Production Company on 1/8/2016, by personal
`service; answer due: 1/29/2016. (mll, ) (Entered: 01/26/2016)
`
`Ï 35 Return of Service Executed as to Emerson Process Management LLLP on 1/8/2016, by personal
`service. (mll, ) (Entered: 01/26/2016)
`
`Ï 36 REPLY to Response to Motion re 10 Opposed MOTION to Dismiss or Transfer filed by Emerson
`Electric Co., Fisher−Rosemont Systems, Inc., Rosemount Inc.. (Attachments:
`# 1 Exhibit Declaration of Emily Toohey,
`
`

`

`Case 1:16-cv-02690-AT Document 110 Filed 07/26/16 Page 10 of 16
`# 2 Exhibit K,
`# 3 Exhibit L)(Smith, Melissa) (Entered: 01/26/2016)
`
`01/26/2016
`
`01/26/2016
`
`01/28/2016
`
`01/29/2016
`
`Ï 37 REPLY to Response to Motion re 13 Opposed MOTION to Stay Pending Dismissal or Transfer
`filed by Emerson Electric Co., Fisher−Rosemont Systems, Inc., Rosemount Inc.. (Smith, Melissa)
`(Entered: 01/26/2016)
`
`Ï 38 ORDER setting Scheduling Conference for 2/22/2016 01:30 PM in Marshall Courthouse before
`Judge Rodney Gilstrap. Signed by Judge Rodney Gilstrap on 01/26/16. (mll, ) (Entered:
`01/27/2016)
`
`Ï 39 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re BP
`America Production Company, BP America, Inc..( Smith, Melissa) (Entered: 01/28/2016)
`
`Ï Defendant's Unopposed First Application for Extension of Time to Answer Complaint is
`GRANTED pursuant to Local Rule CV−12 for BP America Production Company to 2/29/2016;
`BP America, Inc. to 2/29/2016. 30 Days Granted for Deadline Extension.( sm, ) (Entered:
`01/29/2016)
`
`02/05/2016
`
`Ï 40
`
`Joint MOTION for Extension of Time to Complete Discovery , Serve Disclosures and Produce
`Accompanying Documents by IP CO, LLC, Sipco, LLC. (Attachments:
`# 1 Text of Proposed Order)(Henry, Claire) (Entered: 02/05/2016)
`
`02/05/2016
`
`02/05/2016
`
`02/10/2016
`
`02/18/2016
`
`02/18/2016
`
`02/22/2016
`
`02/25/2016
`
`02/29/2016
`
`02/29/2016
`
`Ï 41 SUR−REPLY to Reply to Response to Motion re 13 Opposed MOTION to Stay Pending
`Dismissal or Transfer filed by IP CO, LLC, Sipco, LLC. (Henry, Claire) (Entered: 02/05/2016)
`
`Ï 42 SUR−REPLY to Reply to Response to Motion re 10 Opposed MOTION to Dismiss or Transfer
`filed by IP CO, LLC, Sipco, LLC. (Henry, Claire) (Entered: 02/05/2016)
`
`Ï 43 ORDER granting 40 Motion for Extension of Time to Complete Discovery. Signed by Magistrate
`Judge K. Nicole Mitchell on 02/10/16. (mll, ) (Entered: 02/10/2016)
`
`Ï 44 NOTICE by Emerson Electric Co., Emerson Process Management LLLP, Fisher−Rosemont
`Systems, Inc., Rosemount Inc. Notice Regarding Related Litigation (Smith, Melissa) (Entered:
`02/18/2016)
`
`Ï 45 Additional Attachments to Main Document: 44 Notice (Other).. (Attachments:
`# 1 Exhibit 1)(Smith, Melissa) (Entered: 02/18/2016)
`
`Ï 46 Minute Entry for proceedings held before Judge Rodney Gilstrap: Scheduling Conference held on
`2/22/16. Counsel for the parties appeared and were asked if they consented to a trial before the
`United States Magistrate Judge. The Court then gave Markman and Jury Selection dates; deadlines
`for submitting Mediator names (3 days); and deadlines for submitting Agreed Scheduling and
`Discovery Orders (14 days). (Court Reporter Shelly Holmes, CSR−TCRR.)(jml) (Entered:
`02/23/2016)
`
`Ï 48 NOTICE of Designation of Mediator, Honorable David Folsom, filed by IP CO, LLC, Sipco, LLC.
`(Henry, Claire) (Entered: 02/25/2016)
`
`Ï 49 ANSWER to 19 Amended Complaint by BP America Production Company.(Smith, Melissa)
`(Entered: 02/29/2016)
`
`Ï 50 CORPORATE DISCLOSURE STATEMENT filed by BP America Production Company
`identifying Other Affiliate BP America Inc., Other Affiliate BP p.l.c., Other Affiliate BP
`Corporation North America Inc., Other Affiliate BP Company North America Inc., Other Affiliate
`BP Holdings North America Limited, Other Affiliate BP America Limited for BP America
`Production Company. (Smith, Melissa) (Entered: 02/29/2016)
`
`

`

`02/29/2016
`
`Case 1:16-cv-02690-AT Document 110 Filed 07/26/16 Page 11 of 16
`Ï 51 DEMAND for Trial by Jury by BP America Production Company. (Smith, Melissa) (Entered:
`02/29/2016)
`
`02/29/2016
`
`Ï 52 ANSWER to 19 Amended Complaint by BP America, Inc..(Smith, Melissa) (Entered: 02/29/2016)
`
`02/29/2016
`
`Ï 53 CORPORATE DISCLOSURE STATEMENT filed by BP America, Inc. identifying Other
`Affiliate BP p.l.c., Other Affiliate BP Holdings North America Limited, Other Affiliate BP
`America Limited for BP America, Inc.. (Smith, Melissa) (Entered: 02/29/2016)
`
`02/29/2016
`
`Ï 54 DEMAND for Trial by Jury by BP America, Inc.. (Smith, Melissa) (Entered: 02/29/2016)
`
`03/01/2016
`
`Ï 55 ORDER OF RECUSAL. Judge Rodney Gilstrap recused. Signed by Judge Rodney Gilstrap on
`03/01/16. (Case reassigned to Judge Robert W. Schroeder, III for all further proceedings.)(mll, )
`(Entered: 03/02/2016)
`
`03/04/2016
`
`Ï 56
`
`Joint MOTION for Extension of Time to File Proposed Docket Control Order and Proposed
`Discovery Order by IP CO, LLC, Sipco, LLC. (Attachments:
`# 1 Exhibit A − Sample DCO,
`# 2 Text of Proposed Order)(Henry, Claire) (Entered: 03/04/2016)
`
`03/08/2016
`
`03/08/2016
`
`03/09/2016
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`03/14/2016
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`03/14/2016
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`03/14/2016
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`03/14/2016
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`03/15/2016
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`03/15/2016
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`Ï 57 ORDER granting 56 Motion for Extension of Time to File a Proposed Docket Control Order and
`Proposed Discovery Order. Deadline is extended to 3/14/2016. Signed by Magistrate Judge K.
`Nicole Mitchell on 3/8/16. (mjc, ) (Entered: 03/08/2016)
`
`Ï 58 RESPONSE to 44 Notice (Other) filed by IP CO, LLC, Sipco, LLC. (Attachments:
`# 1 Exhibit A − Memorandum in opposition to Defendants' Motion to enjoin filed in the Georgia
`Action)(Henry, Claire) (Entered: 03/08/2016)
`
`Ï 59 ORDER REFERRING CASE to Mediator. David Folsom added as Mediator. Signed by
`Magistrate Judge K. Nicole Mitchell on 03/09/16. (mll, ) (Entered: 03/10/2016)
`
`Ï 60 Agreed MOTION FOR ENTRY OF DISCOVERY ORDER by IP CO, LLC, Sipco, LLC.
`(Attachments:
`# 1 Text of Proposed Order − Proposed Discovery Order)(Henry, Claire) (Entered: 03/14/2016)
`
`Ï 61 Agreed MOTION FOR ENTRY OF PROTECTIVE ORDER by IP CO, LLC, Sipco, LLC.
`(Attachments:
`# 1 Text of Proposed Order − Proposed Protective Order)(Henry, Claire) (Entered: 03/14/2016)
`
`Ï 62 Agreed MOTION FOR ENTRY OF E−DISCOVERY ORDER by IP CO, LLC, Sipco, LLC.
`(Attachments:
`# 1 Text of Proposed Order − Proposed E−Discovery Order)(Henry, Claire) (Entered: 03/14/2016)
`
`Ï 63 NOTICE of Discovery Disclosure by IP CO, LLC, Sipco, LLC (Initial Disclosures) (Henry,
`Claire) (Entered: 03/14/2016)
`
`Ï 64 NOTICE by BP America Production Company, BP America, Inc., Emerson Electric Co., Emerson
`Process Management LLLP, Fisher−Rosemont Systems, Inc., Rosemount Inc. Notice of
`Compliance Regarding Initial Disclosures (Smith, Melissa) (Entered: 03/15/2016)
`
`Ï 65 ORDER for the parties to submit within 10 days an up−to−date Docket Control Order
`incorporating the dates set forth in this Order. Signed by Magistrate Judge K. Nicole Mitchell on
`3/15/16. (mjc, ) (Entered: 03/15/2016)
`
`03/15/2016
`
`Ï 66 DISCOVERY ORDER. Signed by Magistrate Judge K. Nicole Mitchell on 03/15/16. (mll, )
`(Entered: 03/15/2016)
`
`03/15/2016
`
`Ï 67
`
`

`

`03/15/2016
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`03/25/2016
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`03/28/2016
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`04/06/2016
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`04/08/2016
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`04/12/2016
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`04/18/2016
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`04/21/2016
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`04/22/2016
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`04/25/2016
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`Case 1:16-cv-02690-AT Document 110 Filed 07/26/16 Page 12 of 16
`E−DISCOVERY ORDER. Signed by Magistrate Judge K. Nicole Mitchell on 03/15/16. (mll, )
`(Entered: 03/15/2016)
`
`Ï 68 PROTECTIVE ORDER. Signed by Magistrate Judge K. Nicole Mitchell on 03/15/16. (mll, )
`(Entered: 03/15/2016)
`
`Ï 69 MOTION PARTIALLY CONTESTED MOTION FOR ENTRY OF DOCKET CONTROL
`ORDER by IP CO, LLC, Sipco, LLC. (Attachments:
`# 1 Text of Proposed Order (Exhibit A) −− Proposed Docket Control Order)(Henry, Claire)
`(Entered: 03/25/2016)
`
`Ï 70 Additional Attachments to Main Document: 69 MOTION PARTIALLY CONTESTED MOTION
`FOR ENTRY OF DOCKET CONTROL ORDER .. (Attachments:
`# 1 Certificate of Conference)(Henry, Claire) (Entered: 03/28/2016)
`
`Ï 71 Opposed MOTION to Sever and Stay by BP America Production Company, BP America, Inc.,
`Emerson Electric Co., Emerson Process Management LLLP, Fisher−Rosemont Systems, Inc.,
`Rosemount Inc.. (Attachments:
`# 1 Text of Proposed Order,
`# 2 Exhibit Declaration of Robert Karschnia,
`# 3 Exhibit Declaration of Emily Toohey)(Smith, Melissa) (Entered: 04/06/2016)
`
`Ï 72 DOCKET CONTROL ORDER. Dispositive Motion Hearing set for 3/16/2017 09:00 AM before
`Magistrate Judge K. Nicole Mitchell. Jury Selection set for 5/5/2017 09:00AM before Judge
`Robert W. Schroeder III. Jury Trial set for 5/22/2017 09:00 AM before Judge Robert W.
`Schroeder III. Markman Hearing set for 9/22/2016 09:00 AM before Magistrate Judge K. Nicole
`Mitchell. Pretrial Conference set for 4/13/2017 09:00 AM before Magistrate Judge K. Nicole
`Mitchell. Signed by Magistrate Judge K. Nicole Mitchell on 04/07/16. (mll, ) (Entered:
`04/08/2016)
`
`Ï 73 AMENDED DOCKET CONTROL ORDER. Dispositive Motion Hearing set for 3/16/2017 09:00
`AM before Magistrate Judge K. Nicole Mitchell. Jury Selection set for 5/15/2017 09:00AM before
`Judge Robert W. Schroeder III. Jury Trial set for 5/22/2017 09:00 AM before Judge Robert W.
`Schroeder III. Markman Hearing set for 9/22/2016 09:00 AM before Magistrate Judge K. Nicole
`Mitchell. Pretrial Conference set for 4/13/2017 09:00 AM before Magistrate Judge K. Nicole
`Mitchell. Signed by Magistrate Judge K. Nicole Mitchell on 04/12/16. (mll, ) (Entered:
`04/12/2016)
`
`Ï 74 Return of Service Executed as to BP, p.l.c. on 4/4/2016, by international service through the
`Hague Convention; answer due: 4/25/2016. (Attachments:
`# 1 First Amended Complaint)(mll, ) (Entered: 04/19/2016)
`
`Ï 75 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re BP,
`p.l.c..( Smith, Melissa) (Entered: 04/21/2016)
`
`Ï Defendant's Unopposed First Application for Extension of Time to Answer Complaint is
`GRANTED pursuant to Local Rule CV−12 for BP, p.l.c. to 5/25/2016. 30 Days Granted for
`Deadline Extension.( sm, ) (Entered: 04/22/2016)
`
`Ï 76 SEALED RESPONSE to Motion re 71 Opposed MOTION to Sever and Stay filed by IP CO, LLC,
`Sipco, LLC. (Attachments:
`# 1 Exhibit A − Declaration of T. Reppucci,
`# 2 Exhibit 1 to Reppucci Decl.,
`# 3 Exhibit 2 to Reppucci Decl.,
`# 4 Exhibit 3 to Reppucci Decl.,
`# 5 Exhibit 4 to Reppucci Decl.,
`# 6 Exhibit 5 to Reppucci Decl.,
`
`

`

`Case 1:16-cv-02690-AT Document 110 Filed 07/26/16 Page 13 of 16
`# 7 Exhibit 6 to Reppucci Decl.,
`# 8 Exhibit 7 to Reppucci Decl.,
`# 9 Exhibit 8 to Reppucci Decl.,
`# 10 Exhibit 9 to Reppucci Decl.,
`# 11 Text of Proposed Order)(Henry, Claire) (Entered: 04/25/2016)
`
`Ï 77 SEALED ADDITIONAL ATTACHMENTS to Main Document: 76 Sealed Response to Motion.
`(Attachments:
`# 1 Exhibit 10 to T. Reppucci Declaration,
`# 2 Exhibit 11 to T. Reppucci Declaration,
`# 3 Exhibit 12 to T. Reppucci Declaration,
`# 4 Exhibit 13 to T. Reppucci Declaration,
`# 5 Exhibit 14 to T. Reppucci Declaration,
`# 6 Exhibit 15 to T. Reppucci Declaration,
`# 7 Exhibit 16 to T. Reppucci Declaration,
`# 8 Exhibit 17 to T. Reppucci Declaration,
`# 9 Exhibit 18 to T. Reppucci Declaration)(Henry, Claire) (Entered: 04/25/2016)
`
`Ï 78 SEALED ADDITIONAL ATTACHMENTS to Main Document: 76 Sealed Response to Motion.
`(Attachments:
`# 1 Exhibit 19 (Part 1) to T. Reppucci Declaration)(Henry, Claire) (Entered: 04/25/2016)
`
`Ï 79 SEALED ADDITIONAL ATTACHMENTS to Main Document: 76 Sealed Response to Motion,,.
`(Attachments:
`# 1 Exhibit 19 (Part 2) to T. Reppucci Declaration,
`# 2 Exhibit 20 to T. Reppucci Declaration,
`# 3 Exhibit 21 to T. Reppucci Declaration,
`# 4 Exhibit 22 to T. Reppucci Declaration,
`# 5 Exhibit B − 6:13−cv−507, at 12 (E.D. Tex. Mar. 27, 2015), ECF No. 373,
`# 6 Exhibit C − '692 Patent v. BP Accused Products claim chart,
`# 7 Exhibit D − 893 Patent v. BP Accused Products claim chart,
`# 8 Exhibit E − 492 Patent v. BP Accused Products claim chart)(Henry, Claire) (Entered:
`04/25/2016)
`
`Ï 80 NOTICE by Emerson Electric Co., Emerson Process Management LLLP, Fisher−Rosemont
`Systems, Inc., Rosemount Inc. Defendants' Notice Regarding Related Litigation (Attachments:
`# 1 Exhibit 1)(Smith, Melissa) (Entered: 04/27/2016)
`
`Ï 81 NOTICE by BP America Production Company, BP America, Inc., BP, p.l.c., Emerson Electric
`Co., Emerson Process Management LLLP, Fisher−Rosemont Systems, Inc., Rosemount Inc. re 76
`Sealed Response to Motion,, (DEFENDANTS' OBJECTIONS TO THE DECLARATION OF
`TIMOTHY J. REPPUCCI, ESQ. IN SUPPORT OF OPPOSITION TO DEFENDANTS' MOTION
`TO SEVER AND STAY) (Smith, Melissa) (Entered: 05/06/2016)
`
`Ï 82 REPLY to Response to Motion re 71 Opposed MOTION to Sever and Stay filed by BP America
`Production Company, BP America, Inc., BP, p.l.c., Emerson Electric Co., Emerson Process
`Management LLLP, Fisher−Rosemont Systems, Inc., Rosemount Inc.. (Attachments:
`# 1 Exhibit Supplemental Declaration of Robert Karschnia)(Smith, Melissa) (Entered: 05/06/2016)
`
`Ï 83 ***DOCUMENT FILED IN ERROR. NOT SIGNED. PLEASE DISREGARD.***
`SEALED PATENT SUR−REPLY to Reply to Response to PATENT Motion re 71 Opposed
`MOTION to Sever and Stay filed by IP CO, LLC, Sipco, LLC. (Henry, Claire) Modified on
`5/16/2016 (mjc, ). (Entered: 05/16/2016)
`
`04/25/2016
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`04/25/2016
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`04/25/2016
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`04/27/2016
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`05/06/2016
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`05/06/2016
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`05/16/2016
`
`05/16/2016
`
`Ï 84 SEALED PATENT SUR−REPLY to Reply to Response to PATENT Motion re 71 Opposed
`MOTION to Sever and Stay filed by IP CO, LLC, Sipco, LLC. (Henry, Claire) (Entered:
`
`

`

`05/16/2016
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`05/16/2016
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`05/17/2016
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`05/25/2016
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`06/03/2016
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`06/08/2016
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`06/09/2016
`
`Case 1:16-cv-02690-AT Document 110 Filed 07/26/16 Page 14 of 16
`05/16/2016)
`
`Ï ***FILED IN ERROR. Document # 83 Sealed Patent Surreply. PLEASE IGNORE.***
`(mjc, ) (Entered: 05/16/2016)
`
`Ï 85 Unopposed MOTION for Hearing re 10 Opposed MOTION to Dismiss or Transfer by Emerson
`Electric Co., Fisher−Rosemont Systems, Inc., Rosemount Inc.. (Attachments:
`# 1 Text of Proposed Order)(Smith, Melissa) (Entered: 05/16/2016)
`
`Ï 86 NOTICE by BP America Production Company, BP America, Inc., BP, p.l.c., Emerson Electric
`Co., Emerson Process Management LLLP, Fisher−Rosemont Systems, Inc., Rosemount Inc.
`Notice of Compliance Regarding Invalidity Contentions (Smith, Melissa) (Entered: 05/17/2016)
`
`Ï 87 MOTION to Dismiss for Failure to State a Claim and for Misjoinder by BP, p.l.c.. (Attachments:
`# 1 Text of Proposed Order)(Smith, Melissa) (Entered: 05/25/2016)
`
`Ï 88 NOTICE by BP America Production Company, BP America, Inc., BP, p.l.c., Emerson Electric
`Co., Emerson Process Management LLLP, Fisher−Rosemont Systems, Inc., Rosemount Inc.
`Notice of Compliance Regarding P.R. 4−1 (Smith, Melissa) (Entered: 06/03/2016)
`
`Ï 89 Unopposed MOTION for Extension of Time to File Response/Reply as to 87 MOTION to Dismiss
`for Failure to State a Claim and for Misjoinder by IP CO, LLC, Sipco, LLC. (Attachments:
`# 1 Text of Proposed Order)(Henry, Claire) (Entered: 06/08/2016)
`
`Ï 90 ORDER granting 89 Motion for Extension of Time to File Response/Reply re 87 MOTION to
`Dismiss for Failure to State a Claim and for Misjoinder; Responses due by 6/27/2016. Signed by
`Magistrate Judge K. Nicole Mitchell on 06/09/16. (mll, ) (Entered: 06/09/2016)
`
`06/10/2016
`
`Ï 91 NOTICE of Attorney Appearance by Timothy John Reppucci on behalf of All Plaintiffs
`(Reppucci, Timothy) (Entered: 06/10/2016)
`
`06/22/2016
`
`Ï 92
`
`Joint MOTION for Entry of First Stipulated Addendum to Protective Order by Emerson Electric
`Co., Emerson Process Management LLLP, Fisher−Rosemont Systems, Inc., Rosemount Inc..
`(Attachments:
`# 1 Text of Proposed Order)(Smith, Melissa) (Entered: 06/22/2016)
`
`06/23/2016
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`06/24/2016
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`06/27/2016
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`06/27/2016
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`06/27/2016
`
`Ï 93 FIRST STIPULATED ADDENDUM TO PROTECTIVE ORDER. Signed by Magistrate Judge K.
`Nicole Mitchell on 06/23/16. (mll, ) (Entered: 06/23/2016)
`
`Ï 94 NOTICE by BP America Production Company, BP America, Inc., BP, p.l.c., Emerson Electric
`Co., Emerson Process Management LLLP, Fisher−Rosemont Systems, Inc., Rosemount Inc.
`Notice of Compliance Regarding P.R. 4−2 (Smith, Melissa) (Entered: 06/24/2016)
`
`Ï 95 NOTICE of Discovery Disclosure by IP CO, LLC, Sipco, LLC (PR 4−2 Disclosures) (Henry,
`Claire) (Entered: 06/27/2016)
`
`Ï 96 NOTICE by IP CO, LLC, Sipco, LLC of Compliance regarding Privilege Log (Henry, Claire)
`(Entered: 06/27/2016)
`
`Ï 97 SEALED RESPONSE to Motion re 87 MOTION to Dismiss for Failure to State a Claim and for
`Misjoinder filed by IP CO, LLC, Sipco, LLC. (Attachments:
`# 1 Affidavit Declaration of M. Woodwaard,
`# 2 Exhibit 1 to Woodward Decl.,
`# 3 Exhibit 2 to Woodward Decl.,
`# 4 Text of Proposed Order)(Henry, Claire) (Entered: 06/27/2016)
`
`07/01/2016
`
`Ï 98 MEMORANDUM OPINION AND ORDER granting in part Emerson's Motion to Dismiss or
`Transfer This Action 10 . Emerson's Motion to Dismiss is DENIED. Emerson's Motion to Transfer
`
`

`

`07/01/2016
`
`07/05/2016
`
`07/06/2016
`
`Case 1:16-cv-02690-AT Document 110 Filed 07/26/16 Page 15 of 16
`is GRANTED. The Court ORDERS the case transferred to the United States District Court for the
`Northern District of Georgia. Emerson's Motion to Stay This Action Pending Dismissal or
`Transfer 13 and Emerson's Unopposed Motion for Oral Hearing 85 are both DENIED AS MOOT.
`Signed by Magistrate Judge K. Nicole Mitchell on 07/01/16. (mll, ) (Entered: 07/01/2016)
`
`Ï ***This civil action will be transferred to the Northern District of Georgia on or after
`7−22−2016, per Local Rule CV−83(b). (mll, ) (Entered: 07/01/2016)
`
`Ï 99 Emergency MOTION TO STAY PENDING TRANSFER by Emerson Electric Co.,
`Fisher−Rosemont Systems, Inc., Rosemount Inc.. (Attachments:
`# 1 Text of Proposed Order)(Smith, Melissa) (Entered: 07/05/2016)
`
`Ï 100 ORDER re 99 Emergency MOTION TO STAY PENDING TRANSFER filed by Emerson Electric
`Co., Fisher−Rosemont Systems, Inc., Rosemount Inc. ORDERED that any response to the
`Eme