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`_ Case 1:16-cv—02690-AT Document 36-1 Filed 01/26/16 Page -1 of2_
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`IN THE UNTTED STATES DISTRICT COURT
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`FOR THE EASTERN DISTRICT OF TEXAS
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`TYLER DWISION
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`§
`§
`§
`§
`§
`§ Civil Action No. 6 :15—CV—90‘7wJRG-
`§
`KNM
`§
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`§ § § §
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`SIPCO LLC, and
`I? CO., LLC (d/b/a INTUS IQ)
`Plaintiffs,
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`v.
`EMERSON ELECTRIC (30.,
`EISHER—ROSEMOUNT SYSTEMS,
`INC, and
`ROSEMOUNT INC,
`Defendants.
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`DECLARATION OF EMILY TOOHEY IN SUPPORT OF
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`EMERSON DEFENDANTS’ MOTION TO DISMISS OR TRANSFER
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`I, Emily E. Toohey, declare that:
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`l.
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`I am a Paralegal at the law office of Davidson Berquist Jackson & Gowdey, LLP,
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`counsel to Defendants in the above-referenced matter.
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`2.
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`Attached as Attachments 1 is a true and correct copy of SIPCO, LLC and IF C0,
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`LLC’S Exhibit A of SIPCO’S Disclosure of Infringement Contentions flied in the United States
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`District Court for the Eastern District of Georgia Atlanta Division in Case No. 1:15-cv-00319~
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`AT to identify the Emerson products accused of infringement in that action.
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`3.
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`I have reviewed the products lists identified above and have determined that the
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`same products identified as allegedly infringing in the Georgia action are accused of
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`infringement in both Counts I and II of this action.
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`Case 1:16-cv-02690-AT Document 36-1 Filed 01/26/16 Page 2 of 2
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`Case 1:1.6-cv-02690-AT Document 36-1' Filed 01/26/16 Page 2 of2
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`4.
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`Similarly, I have reviewed the products lists identified above and have determined
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`that the same products identified as allegedly infringing in this action are accused of
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`infringement in the Georgia action.
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`5.
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`I have reviewed US Patent No. 7,103,51 1 and have determined that SIPCO, LLC
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`and IF CO, LLC have accused Emerson of infringing upon 19 out of 54 claims in the case filed
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`in the United States District Court for the Eastern District of Georgia Atlanta Division in Case
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`No. l:15-cv-00319~AT.
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`6.
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`I have reviewed US Patent No. 6,044,062 and have determined that SIPCO, LLC
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`and IF CO, LLC have accused Emerson of infringing upon 9 out of 18 claims in the case filed in
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`the United States District Court for the Eastern District of Georgia Atlanta Division in Case No.
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`1 :15—cv—00319-AT.
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`7.
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`I declare under penalty of perjury under the laws of the United States of America
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`that the foregoing is true and correct.
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`Executed on January 26, 2016.
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`flT/Lt.CLi QUWQ‘V
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`Emily E. Tooh
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