throbber
Case 1:16-cv-02690-AT Document 58 Filed 03/08/16 Page 1 of 3
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`
` Civil Action No. 6:15-cv-907
`
`
`
`
`SIPCO, LLC, and IP CO, LLC
`(d/b/a INTUS IQ),
`
`
`
` 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.
`
`
`
`
`PLAINTIFFS’ RESPONSE TO DEFENDANTS’ NOTICE REGARDING RELATED
`LITIGATION FILED FEBRUARY 18, 2016
`
`
`
`SIPCO, LLC and IP CO, LLC (d/b/a INTUS IQ) (“Plaintiffs” or “SIPCO”) submit this
`
`
`
`response to Defendants’ Notice Regarding Related Litigation (“Notice”) filed by Emerson
`
`Electric Co., Emerson Process Management LLLP, Fisher-Rosemount Systems, Inc., and
`
`Rosemount Inc. (collectively, “Defendants” or “Emerson”) on February 18, 2016. (Dkt. 44.) In
`
`their Notice, Emerson informed this Court that it is now asking the court in Emerson Electric
`
`Co., et al. v. SIPCO, LLC, et al., Civil Action No. 1:15-cv-00319-AT, pending in the United
`
`States District Court for the Northern District of Georgia, (“the Georgia action”), to decide the
`
`first-to-file issue and to enjoin the above-captioned action.
`
`For this Court’s information and consideration, SIPCO attaches as Exhibit A its
`
`memorandum in opposition to Emerson’s motion to enjoin filed in the Georgia Action. Included
`
`in Exhibit A are the supporting exhibits attached to SIPCO’s memorandum in opposition.
`
`
`
`
`
`
`
`

`

`Case 1:16-cv-02690-AT Document 58 Filed 03/08/16 Page 2 of 3
`
`
`
`
`
`Dated: March 8, 2016
`
`
`
`
`
`Respectfully Submitted,
`
`/s/ Paul J. Cronin by permission Claire A. Henry
`Paul J. Cronin, Admitted July 16, 2012
`LEAD ATTORNEY
`(MA Bar No. 641230)
`James C. Hall, Admitted April 9, 2012
`(MA Bar No. 656019)
`NUTTER MCCLENNEN & FISH LLP
`155 Seaport Boulevard
`Boston, Massachusetts 02210
`Telephone: (617) 439-2000
`Facsimile: (617) 310-9000
`Email: pcronin@nutter.com
`Email: jhall@nutter.com
`
`T. John Ward, Jr.
`Texas State Bar No. 00794818
`Email: jw@wsfirm.com
`Claire Abernathy Henry
`Texas State Bar No. 24053063
`Email: claire@wsfirm.com
`WARD & SMITH LAW FIRM
`P.O. Box 1231
`1127 Judson Road, Ste. 220
`Longview, Texas 75606-1231
`Telephone: (903) 757-6400
`Facsimile: (903) 757-2323
`
`
`ATTORNEYS FOR PLAINTIFFS
`
`
`
`
`
`
`
`2
`
`

`

`Case 1:16-cv-02690-AT Document 58 Filed 03/08/16 Page 3 of 3
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a copy of the foregoing document was filed electronically in
`
`compliance with Local Rule CV-5(a). Therefore, this document was served on all counsel who
`
`are deemed to have consented to electronic service. Local Rule CV-5(a)(3)(A). Pursuant to Fed.
`
`R. Civ. P. 5(d) and Local Rule CV-5(d) and (e), all other counsel of record not deemed to have
`
`consented to electronic service were served with a true and correct copy of the foregoing by
`
`email on this the 8th day of March, 2016.
`
`
`
`
`
`/s/ Claire Abernathy Henry
`
`
`
`
`
`
`
`
`3
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket