Case 1:16-cv-02690-AT Document 126-12 Filed 08/09/16 Page 1 of 5
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`Exhibit L
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`Exhibit L
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`Case 1:16-cv-02690-AT Document 126-12 Filed 08/09/16 Page 2 of 5
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF GEORGIA
`ATLANTA DIVISION
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`Civil Action No. 1:15-cv-00319-AT
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`Civil Action No. 6:15-cv-907
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`EMERSON ELECTRIC CO., FISHER-
`ROSEMOUNT SYSTEMS, INC., and
`ROSEMOUNT INC.,
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`Plaintiffs,
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`v.
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`SIPCO LLC, and
`IP CO., LLC (d/b/a INTUS IQ)
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`Defendants.
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`SIPCO LLC, and
`IP CO., LLC (d/b/a INTUS IQ)
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`Plaintiffs,
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`v.
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`EMERSON ELECTRIC CO., EMERSON
`PROCESS MANAGEMENT LLLP, FISHER-
`ROSEMOUNT SYSTEMS, INC.,
`ROSEMOUNT INC., BP, p.l.c., BP AMERICA,
`INC., and BP AMERICA PRODUCTION
`COMPANY,
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`Defendants.
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`DECLARATION OF DAVID LAFFERTY
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`I, David Lafferty, do hereby declare as follows:
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`1.
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`I am a competent adult over 18 years of age. I make the following statements
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`based upon my personal knowledge.
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`-1-
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`Case 1:16-cv-02690-AT Document 126-12 Filed 08/09/16 Page 3 of 5
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`2.
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`I was an employee of BP Corporation North America Inc. until 2013. I worked
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`for BP’s Central Technology Office (“CTO”). In that capacity, I was responsible for evaluating
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`new technologies for use within BP.
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`3.
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`Since leaving BP in 2013, I have operated a consulting firm called Scientific
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`Technical Services, a sole proprietorship. I have contracted with, among others, BP’s Alaska
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`operations. I also serve as an advisor to Emerson Electric’s Leadership Team.
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`4.
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`In 2005 I was involved in evaluating the applicability of wireless process
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`management products for use by BP.
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`5.
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`At that time, BP canvassed the market for an available wireless product but
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`Emerson’s Rosemount subsidiary was the only company we identified as having a product to be
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`tested.
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`6.
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`BP decided that it would allow Emerson to test the use of their early prototype
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`products at the BP refinery at Cherry Point in Washington. I was personally involved in that
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`process and Robert Karschnia was my primary contact with Emerson.
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`7.
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`Only two product types were tested at the Cherry Point facility in 2005/06,
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`Emerson’s wireless pressure sensors and Emerson’s temperature sensors. The products tested
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`were brought to BP’s facility by Emerson and they remained Emerson’s property. BP was never
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`charged for those products and no payment was ever made for those products.
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`8.
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`Although BP identified where Emerson was to place its sensors for testing, and
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`BP identified extremely challenging locations to test radio communications equipment, it was
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`Emerson’s employees who installed those products, monitored and recorded their performance,
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`and removed those products when the testing was complete. BP monitored Emerson’s testing
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`-2-
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`Case 1:16-cv-02690-AT Document 126-12 Filed 08/09/16 Page 4 of 5
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`but no BP employee was involved in designing the products tested, installing those products, or
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`running the evaluation.
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`9.
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`Emerson tested a first prototype product and determined that product
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`modifications were required. BP engineers had no involvement in re-designing the product other
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`than advising that the initial prototypes did not meet BP’s standards for reliability. Emerson
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`returned to their lab in Minnesota, worked on the product some more, and returned to Cherry
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`Point with new product to be tested.
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`10.
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`Emerson again brought their own product, installed that product, operated it, and
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`monitored the results. Emerson made all of the engineering changes on their own. The Emerson
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`employees compiled all testing data on their own devices and the testing that was done was beta-
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`like in nature. BP did provide some specification guidance, for example specifying that it
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`wanted product that would work in both the United States and world-wide, but responsibility for
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`designing and manufacturing the product was entirely in Emerson’s hands.
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`11.
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`The Cherry Point facility is owned and operated by BP Products North America
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`Inc., not BP p.l.c., BP America Production Company or BP America Inc.
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`12. My involvement in the project ended upon completion of the testing at the Cherry
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`Point facility. BP asked for exclusive use of the products tested at the Cherry Point facility but
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`all we received in exchange for providing the test location was favorable commercial terms on
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`future purchases of the Emerson wireless products tested. BP turned over the project to its in-
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`house procurement groups at the conclusion of the successful testing at Cherry Point and it is my
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`understanding that various BP entities have purchased additional Emerson Smart Wireless
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`products since that time, but I have not been involved in those transactions.
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`-3-
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`Case 1:16-cv-02690-AT Document 126-12 Filed 08/09/16 Page 5 of 5
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`13.
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`I understand that an assertion has been made that BP jointly developed Emerson’s
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`Smart Wireless products. I strongly disagree with the assertion that BP jointly developed
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`Emerson’s Smart Wireless products. I also strongly disagree with any suggestion that BP
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`directed or controlled Emerson’s development of those products.
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`14.
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`In addition to facilitating testing of the Smart Wireless products Emerson supplied
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`and evaluated within their plant, BP was an early adopter of Emerson’s Smart Wireless
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`technology. I commonly refer to creating a “partnership” with our vendors, but I use that term in
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`contrast with the conventional, adversarial relationship between a supplier and a buyer. BP will
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`not, and has not, endorsed a product or vendor and we did not do so with Emerson.
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`15.
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`I am presently headquartered in the Houston, Texas area, but my work in the last
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`several years has been in Asia and Alaska. I do not know if my testimony will be relevant or
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`necessary at any trial in this matter, but if necessary, I agree to make myself available for trial in
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`Atlanta.
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`16.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Dated: August 5, 2016
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`David Lafferty
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`-4-
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