`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF GEORGIA
`ATLANTA DIVISION
`
`Civil Action
`No: 1:15-cv-00319-AT
`
`Civil Action
`No. 1:16-cv-02690-AT
`
`EMERSON ELECTRIC CO.,
`FISHER-ROSEMOUNT SYSTEMS,
`INC., and ROSEMOUNT INC.,
`
`Plaintiffs,
`
`v.
`
`SIPCO, LLC, and
`IP CO, LLC (d/b/a INTUS IQ),
`
`Defendants.
`
`SIPCO, LLC, and
`IP CO, LLC (d/b/a INTUS IQ),
`
`Plaintiffs,
`
`v.
`
`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,
`
`Defendants.
`
`
`
`Case 1:16-cv-02690-AT Document 139-1 Filed 08/16/16 Page 2 of 6
`
`DECLARATION OF PAUL J. CRONIN, ESQ.
`
`I, Paul J. Cronin, Esq., state as follows:
`
`1.
`
`I am a competent adult over 18 years of age without any criminal
`
`convictions. I submit this declaration in support of Plaintiffs’ Sur-Reply in Support
`
`of their Opposition to Defendant BP p.l.c.’s Motion to Dismiss for Failure to State
`
`a Claim and Misjoinder.
`
`2.
`
`The facts in this declaration are true and correct to the best of my
`
`knowledge, information, and belief, and I am competent to testify to them if called
`
`upon to do so.
`
`3.
`
`I am a partner at the law firm Nutter McClennen & Fish, LLP in
`
`Boston, Massachusetts, which represents Plaintiffs’ SIPCO, LLC and IP CO, LLC
`
`(together “Plaintiffs”) in the above-captioned matter.
`
`4.
`
`Attached hereto as Exhibit A is a true and correct copy of BP
`
`Defendants’ Objections and Responses to Plaintiffs’ Second Set of Interrogatories.
`
`5.
`
`Attached hereto as Exhibit B is a true and correct copy of BP
`
`Defendants’ Supplemental Response to Plaintiffs’ Interrogatory No. 5.
`
`6.
`
`Attached hereto as Exhibit C is a true and correct copy of Smart
`
`Wireless Applications, published on Emerson Process Management’s website and
`
`2
`
`
`
`Case 1:16-cv-02690-AT Document 139-1 Filed 08/16/16 Page 3 of 6
`
`titled Emerson Smart Wireless Technology Used by BP Cherry Point and
`
`Naperville to Improve Process Equipment Monitoring and Availability, copyright
`
`2008, available at
`
`http://www2.emersonprocess.com/siteadmincenter/PM%20Central%20Web%20D
`
`ocuments/SmartWirelessApps_BP-CPN.pdf, last accessed August 16, 2016.
`
`7.
`
`Attached hereto as Exhibit D is a true and correct copy of Wireless
`
`Now, published on Emerson Process Management’s website and titled How
`
`Wireless Speeds Innovation at BP, copyright 2008, available at
`
`http://www2.emersonprocess.com/siteadmincenter/PM%20Central%20Web%20D
`
`ocuments/WirelessNow2.pdf, last access August 16, 2016.
`
`8.
`
`Attached hereto as Exhibit E is a true and correct copy of Objections
`
`and Responses of BP P.L.C., BP America, Inc., and BP America Production
`
`Company to Plaintiffs’ Request for Entry on Land.
`
`9.
`
`Attached hereto as Exhibit F is a true and correct copy of an electronic
`
`communication between John Groves of Emerson and Candida Petite of SIPCO,
`
`dated July 31, 2013.
`
`10.
`
`The table below identifies the ten (10) petitions filed against SIPCO
`
`and IP CO’s patents after Emerson filed this case (Civ. A. No. 1:15-cv-00319-AT):
`
`3
`
`
`
`Case 1:16-cv-02690-AT Document 139-1 Filed 08/16/16 Page 4 of 6
`
`AIA Review
`Number
`
`Filing Date
`
`Patent Number Petitioner
`
`CBM2016-00095
`
`07/18/2016
`
`IPR2015-01579
`
`IPR2015-01901
`
`IPR2015-01973
`
`IPR2016-00984
`
`IPR2016-01602
`
`IPR2014-00751
`
`IPR2015-00659
`
`IPR2015-00663
`
`IPR2015-00668
`
`07/13/2015
`
`09/11/2015
`
`09/25/2015
`
`04/29/2016
`
`08/12/2016
`
`05/14/2014
`
`02/02/2015
`
`02/02/2015
`
`02/02/2015
`
`8,908,842
`
`6,914,893
`
`8,000,314
`
`8,013,732
`
`8,754,780
`
`6,249,516
`
`7,468,661
`
`7,697,492
`
`7,103,511
`
`6,437,692
`
`Emerson Electric
`
`Emerson Electric
`
`Emerson Electric
`
`Emerson Electric
`
`Emerson Electric
`
`Emerson Electric
`
`HART
`Communication
`Foundation
`
`FieldComm Group
`
`FieldComm Group
`
`FieldComm Group
`
`11. Upon information and belief, Emerson is involved with the HART
`
`Communication Foundation and FieldComm Group.
`
`Signed under the penalties of perjury this 16th day of August, 2016.
`
`/s/ Paul J. Cronin
`Paul J. Cronin, Esq.
`
`4
`
`
`
`Case 1:16-cv-02690-AT Document 139-1 Filed 08/16/16 Page 5 of 6
`
`CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1
`
`The undersigned hereby certifies that this filing was prepared using one of
`
`the font and point selections approved by this Court in Local Rule 5.1C.
`
`Specifically, Times New Roman font was used in 14 point.
`
`J. Christopher Fox, II
`J. Christopher Fox, II
`
`5
`
`
`
`Case 1:16-cv-02690-AT Document 139-1 Filed 08/16/16 Page 6 of 6
`
`CERTIFICATE OF SERVICE
`
`This is to certify that I have this day served all counsel of record with a
`
`copy of the within and foregoing DECLARATION OF PAUL J. CRONIN, ESQ.
`
`using the Court’s ECF filing system which will automatically send a copy to
`
`all counsel of record registered to receive service thereby.
`
`J. Christopher Fox, II
`J. Christopher Fox, II
`
`3246452
`
`6
`
`
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