Case 1:16-cv-02690-AT Document 139-3 Filed 08/16/16 Page 1 of 6
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`Exhibit B
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`Case 1:16-cv-02690-AT Document 139-3 Filed 08/16/16 Page 2 of 6
`Case 1:16-cv-02690-AT Document 139-3 Filed 08/16/16 Page 2 of 6
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTH ERN DISTRICT OF GEORGIA
`ATLANTA DIVISION
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`
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`$11)ch LLC, and IP co, LLC
`(d/b/a lN’l‘US to).
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`Plaintiffs,
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`v,
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`EMERSON ELECTRIC CO” EMERSON
`PROCESS MANAGEMENT LLLP, I’lSl IER-
`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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`
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`7
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`
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`Civil Action No. 1:16-cv-O20690~A'l‘
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`BI’ DEFENDANTS’ SUPPLEMENTAL RESPONSE
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`Pursuant to Rule 33 oftho Federal Rules of Civil Procedure, Defendants BP p.l.c., BP
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`America, Inc., and [31’ America Production Company (collectively, “Bl’ Delbndants" or
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`“‘ISP"), object to and respond to Plaintiffs Sll’CO, MC and ll) CO, LLC (d/b/a lN'I‘US lQ)
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`(collectively, "Plaintiffs“ or “SlPCO“) Second Set of lnterrogatorics.
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`
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`t
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`T RYN 5:
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`Identify each and every “BF—Owned Installation” where any Accused Product has
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`been and/or currently is being, demonstrated, developed, installed, implemented, tested and/or
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`used.
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`RESP '
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`The RP Defendants object to this interrogatory as vague to the extent that it seeks
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`L2
`\vl‘l/W}
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`

`

`
`
`ii6lill ir
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`Case 1:16-cv-02690-AT Document 139-3 Filed 08/16/16 Page 3 of 6
`Case 1:16-cv-02690-AT Document 139-3 Filed 08/16/16 Page 3 of 6
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`information as to where the accused products have been “demonstrated, developed, installed,
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`implemented, tested and/or used.” The RP Defendants further object to this interrogatory as
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`overly broad and unduly burdensome, lacking proportion to the issues in dispute in this action.
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`The named 81’ Defendants object to the purported scope ofthese interrogatories as requesting,
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`information from individuals and corporate entities other than the BP entities named as
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`defendants in this action. The term “BP Defendant” is improperly defined as any Bl’»owned or
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`controlled company, “or affiliated entity, subsidiaries thereof, together with any and all
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`controlling or affiliated companies, and all officers, directors, employees, agents, representatives
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`and all other persons acting, purporting to act, who have acted, or who purported to have acted
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`on behalfof any ofthe foregoing.” The BF Defendants further object to this interrogatory as
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`overly broad and unduly burdensome and lacking proportionate value to issues in dispute in this
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`action to the extent that this interrogatory purports to seek the disclosure of information relating
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`any product other than the Emerson Stuart Wireless products accused of infringement in this
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`action. The BP Defendants also object to this interrogatory are overly burdensome to the extent
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`that it purports to seek the disclosure of the use made of numerous products at many potential
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`locations. The BF Defendants further object to this interrogatory as vague and confusing to the
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`extent that it seeks inlbrtnation relating to product that is “demonstrated." As 81’ Defendants
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`understand that term, they do not “demonstrate” products. Because BP Defendants
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`investigation into the use ofthe accused products at specific facilities is err-going, Bl’
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`Defendants reserve the right to supplement this response. Subject to these objections and
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`reservation, BP America Production Company further responds by advising that contractors
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`installed certain ofthe accused products at the lollowing five East 'l‘exas locations: 1) Carthage
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`West Haynesville Facility; 2') Bl’ Fee 254, ; 3) 'l‘iconderoga Central Delivery Point; (4) Bl) lice
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`“\-Jlm;)(’§i
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`Case 1:16-cv-02690-AT Document 139-3 Filed 08/16/16 Page 4 of 6
`Case 1:16-cv-02690-AT Document 139-3 Filed 08/16/16 Page 4 of 6
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`344; and 5) Wombat l-H Well. The device at the Wombat location has since been removed.
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`SUPPLEMENTAL RESPONSE:
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`BP America Production Company supplements its response to this interrogatory by
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`advising that certain Emerson Wireless products have been used at the East 'l‘exas facilities
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`previously identified as tollows:
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`Carthage West l‘laynesville Facility (8 devices); RP Fee 254 (3 devices); 'l‘icondcroga Central
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`Delivery Point (10 devices); and BP Fee 344 (3 devices). The device used in the temporary
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`storage tank at the Wombat l-H Well location was removed when that tank was taken out ol‘
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`service
`Dated: August 1 l, 2016
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`Respectfully Submitted,
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`/s/ James 1). Berquisi
`Ryan T. Pumpian
`Georgia Bar No. 589822
`rpuinpian@bloomsugarman.com
`BLOOM SUGARMAN, LLP
`977 Ponce de Leon Ave, NE.
`Atlanta, Georgia 30306
`’l‘el: 404—577-7710
`Fax: 404~42t)~()828
`
`Donald L. Jackson glint:lisitsimgglhig.Coin
`James D. BCI‘QUiSi‘lthIltltli51i§ljtiifijfitfiplll
`DAVIDSON BERQU}S’I‘ JACKSON
`& GOWDEY, LLP
`8300 Greensboro Dr., Suite 500
`McLean, Virginia 22102
`Telephone:
`(571) 765~7700
`Facsimile:
`(571) 765-7200
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`Atlorneysg/or Defend/(mm 131’ pl. a. [31’
`America, Inc. and BP America l’roduclion
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`Company
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`\eis’Y“\3\i:>
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`i
`1;
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`Case 1:16-cv-02690-AT Document 139-3 Filed 08/16/16 Page 5 of 6
`Case 1:16-cv-02690-AT Document 139-3 Filed 08/16/16 Page 5 of 6
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`VERIFICATION OF MICHAEL ORR
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`l, Michael Orr, pursuant to Fed. R. Civ. P. 33(b)(l) and 28 U.S.C. § 1746, declare as
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`l‘ollows:
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`I am an operations support manager for BP America Production Company. On behalfof
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`BP America Production Company, l have read BP Defendants” Supplemental Response to
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`Sll’CO/II’CO’S lnterrogatory Number 5, dated August | l, 2016. That supplemental response was
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`prepared with the assistance of various employees and with the assistance of counsel based on
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`currentl)I available records; To the best 0me knowledge, the Supplemental Response is true and
`COl‘l‘CCI.
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`I
`Dated: i3" ”2le
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`
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`~
`‘
`&\
`77777.\ {\
`\iiiUI‘Q/WQ\1 k }L 39¢"
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`Michael Orr
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`V
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`Case 1:16-cv-02690-AT Document 139-3 Filed 08/16/16 Page 6 of 6
`Case 1:16-cv-02690-AT Document 139-3 Filed 08/16/16 Page 6 of 6
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`CERTIFICATE OF SERVICE
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`1, James Berquist, hereby certify that on August 12, 2016 the foregoing
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`document was served upon counsel of record for Defendants Via first-class mail and
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`electronic mail.
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`/s/ James D. Berquisf
`James Berquist
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