`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
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`Plaintiffs,
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` Civil Action No. 6:15-cv-907
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`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,
`
`
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`
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`
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`Defendants.
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`PARTIALLY CONTESTED MOTION FOR ENTRY OF DOCKET CONTROL ORDER
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`Plaintiffs SIPCO, LLC and IP CO, LLC (d/b/a INTUS IQ) (together “Plaintiffs”), and
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`Defendants Emerson Electric Co., Emerson Process Management LLLP, Fisher-Rosemount
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`Systems, Inc., Rosemount Inc., BP America, Inc., and BP America Production Company
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`(together “Defendants”), have met and conferred1 and reached agreement on all of the events and
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`dates to be included in the proposed Docket Control Order (Exhibit A) except the duration of
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`trial. Accordingly, for the reasons set forth herein, the parties request the Court to adopt the
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`agreed events and dates set forth in the proposed Docket Control Order (Exhibit A), and resolve
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`the dispute with respect to the duration of trial.
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`Plaintiffs respectfully request the Court to set this case for a 10-day trial. Plaintiffs base
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`this request on (1) the large number of asserted patents (11 patents) and defense entities (7
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`1 Regarding the Preliminary Election and Final Election of Asserted Claims and Asserted Prior Art, the parties have
`agreed to meet and confer and will attempt to reach an agreement on the appropriate limitations on asserted claims
`and asserted prior art for this case. In the event an agreement is not reached, one party or both parties may bring his
`matter to the Court’s attention.
`
`
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`
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`Case 1:16-cv-02690-AT Document 69 Filed 03/25/16 Page 2 of 3
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`
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`entities) involved in this case, (2) unique allegations of joint infringement, and (3) the complex,
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`technical subject matter of the asserted patents and accused products.
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`Defendants respectfully request the Court to set this case for a 7-day trial. Defendants
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`base this request on the fact that (1) the infringement issues in this case relate to the operation of
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`the wireless system used by the accused products and there is only one wireless system used by
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`all of the accused products, (2) the BP defendants are only customers of the Emerson defendants,
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`(3) plaintiffs and defendants have agreed to reduce the number of asserted claims and number of
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`asserted prior art references, and (4) there are only two patent families asserted with one family
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`containing nothing but continuations of the original patent application, and the other patent
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`family made up of continuations or continuations-in-part of an original application. Competing
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`proposals for the duration of trial are set forth in the proposed Docket Control Order (Ex. A).
`
`
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`Accordingly, for the reasons set forth herein, the parties respectfully request the Court to
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`adopt the agreed events and dates set forth in the proposed Docket Control Order (Exhibit A),
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`and resolve the dispute with respect to the duration of trial.
`
`
`
`Dated: March 25, 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
`
`
`2
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`Case 1:16-cv-02690-AT Document 69 Filed 03/25/16 Page 3 of 3
`
`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 & HILL, PLLC
`P.O. Box 1231
`1127 Judson Road, Ste. 220
`Longview, Texas 75606-1231
`Telephone: (903) 757-6400
`Facsimile: (903) 757-2323
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`ATTORNEYS FOR PLAINTIFFS
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`CERTIFICATE OF SERVICE
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`/s/ Claire Abernathy Henry
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`I hereby certify that on March 25, 2016 the foregoing document has been served upon all
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`registered parties via EFC and has been mailed to those parties who are not registered.
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`3107957.1
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`3
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