Case 6:12-cv-00799-JRG Document 1 Filed 10/22/12 Page 1 of 14 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`C.A. No.: _____________________
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`JURY TRIAL DEMANDED
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`INVENSYS SYSTEMS, INC.
`
`v.
`
`Plaintiff,
`
`EMERSON ELECTRIC CO. and
`MICRO MOTION INC., USA,
`
`Defendants.
`
`PLAINTIFF’S ORIGINAL COMPLAINT
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`Invensys Systems, Inc. (“Invensys”), brings this action under the patent laws of the
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`United States (Title 35, United States Code, §§ 1-376) against Emerson Electric Company
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`(“Emerson”) and Micro Motion Inc., USA (“Micro Motion”) for infringement of U.S. Patent
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`Nos. 7,124,646, 7,136,761, 6,311,136, and 7,505,854 (collectively, the “patents-in-suit”).
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`PARTIES
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`1.
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`Invensys Systems, Inc., is a Massachusetts corporation.
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`Invensys Systems, Inc.,
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`through its operating division Invensys Operations Management, has a principal place of busi-
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`ness at 10900 Equity Drive, Houston, Texas 77041, and does business in and has facilities in this
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`District,
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`including an office in Plano.
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`Invensys Systems, Inc., and Invensys Operations
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`Management are referred to herein as “Invensys.”
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`2.
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`Emerson Electric Company is a Missouri corporation with its principal place of
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`business at 8000 W. Florissant Ave., St. Louis, Missouri. Emerson Electric Company through its
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`Division, Emerson Process Management, does business in and has facilities in this District.
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`Emerson and Emerson Process Management are referred to herein as “Emerson.”
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`Case 6:12-cv-00799-JRG Document 1 Filed 10/22/12 Page 2 of 14 PageID #: 2
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`3.
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`Micro Motion Inc., USA is a Colorado corporation with its principal place of
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`business at 7070 Winchester Circle, Boulder, Colorado 80301-3506. Upon information and
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`belief, Micro Motion is a wholly owned subsidiary of Emerson, and Micro Motion Inc., USA’s
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`products, including those accused of infringement herein, are sold, offered for sale and used in
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`this District.
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`JURISDICTION
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`4.
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`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
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`1338(a) because this action concerns a federal question relating to patents arising under Title 35
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`of the United States Code.
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`5.
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`This Court has personal jurisdiction over Emerson. Upon information and belief,
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`Emerson conducts business in this State and is making, using, selling, importing, and/or offering
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`for sale (and has, within a reasonable period prior to the filing of this action made, used, sold,
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`imported and/or offered to sell) infringing products, including but not limited to Coriolis Meters
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`(containing a Micro Motion enhanced core processor, Micro Motion Model 2400S transmitters
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`(e.g., Micro Motion transmitter Models 1700, 2700 and Series 3000) or any substantially similar
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`component) (e.g., Micro Motion® Elite® Coriolis Meters) and/or components thereof, including,
`
`but not limited to, Micro Motion Model 2400S transmitters, transmitters that have a Micro
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`Motion enhanced core processor (e.g., Micro Motion transmitter Models 1700, 2700 and Series
`
`3000) or any substantially similar component, to customers in this State and in this District,
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`either directly or indirectly through distributors or other means. Upon information and belief,
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`Emerson has placed infringing products into the stream of commerce, knowing or reasonably
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`expecting that such products will be used, sold, or offered for sale in this State and in this
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`District. Upon information and belief, Emerson has intentionally established distribution
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`channels to offer for sale and to sell the infringing products in this State and this District.
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`6.
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`This Court has personal jurisdiction over Micro Motion. Upon information and
`
`belief, Micro Motion conducts business in this State and is making, using, selling, importing,
`
`and/or offering for sale (and has within a reasonable period prior to the filing of this action made,
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`used, sold, imported and/or offered to sell) infringing products, including but not limited to
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`Coriolis Meters (containing a Micro Motion enhanced core processor, Micro Motion Model
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`2400S transmitters (e.g., Micro Motion transmitter Models 1700, 2700 and Series 3000) or any
`
`substantially similar component) (e.g., Micro Motion® Elite® Coriolis Meters) and/or compo-
`
`nents thereof, including, but not limited to, Micro Motion Model 2400S transmitters, transmitters
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`that have a Micro Motion enhanced core processor (e.g., Micro Motion transmitter Models 1700,
`
`2700 and Series 3000) or any substantially similar component, to customers in this State and in
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`this District, either directly or indirectly. Upon information and belief, Micro Motion has placed
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`infringing products into the stream of commerce, knowing or reasonably expecting that such
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`products will be used, sold, or offered to be sold in this State and in this District. Upon infor-
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`mation and belief, Micro Motion has intentionally established distribution channels to offer for
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`sale and to sell the infringing products in this State and this District.
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`VENUE
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`7.
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`Venue is proper in this Court under 28 U.S.C. §1400(b) because Emerson and
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`Micro Motion reside in this District. In addition, venue is proper in this Court under 28 U.S.C.
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`§§ 1391(b)-(c) because Emerson and Micro Motion reside in this District and/or a substantial
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`part of the events or omissions giving rise to the claims occurred in this District.
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`BACKGROUND
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`8.
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`Invensys develops and applies advanced technologies that enable the world’s
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`manufacturing and energy-generating facilities, mainline and mass transit rail networks, and
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`appliances to operate safely and in an energy-efficient manner. Among the technologies that
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`Invensys has developed is the digital Coriolis flowmeter. Digital Coriolis flowmeters provide
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`precise measurements of the mass flow rate of liquids, and have particular utility (and satisfied a
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`long-felt industrial need) in measuring liquid mass flow in two phase (gas and liquid combined)
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`or multi-phase settings. They are used in a variety of industries, including oil and gas, petro-
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`chemical, and food and beverage.
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`9.
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`Invensys has been and is currently selling products incorporating its digital
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`Coriolis flowmeter technologies.
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`Invensys has marked its products with the some or all of the
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`numbers of the patents-in-suit.
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`10.
`
`Upon information and belief, Micro Motion is a wholly owned subsidiary of
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`Emerson. Micro Motion is a direct competitor of Invensys in the digital Coriolis flowmeter
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`market. Although Micro Motion initially discounted the feasibility of Coriolis flowmeters that
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`could measure two-phase flow, in 2006, Micro Motion released Coriolis Meters and components
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`thereof having a Micro Motion enhanced core processor and/or Micro Motion Model 2400S
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`transmitters including, but not limited to, Micro Motion® Elite® Coriolis Meters, which claimed
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`to measure two-phase flow. These products incorporate technology covered by several of
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`Invensys’ patents.
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`11.
`
`Invensys Operations Management, the operating division that sells digital Coriolis
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`flowmeters, has an office a service center in this District. Both Micro Motion and Emerson have
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`facilities in this District. Invensys sells to customers in this District through sales representatives
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`with offices in this District and directly competes with Micro Motion in the digital Coriolis
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`flowmeter market in this District.
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`FIRST CLAIM
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`(Patent Infringement of the ’646 Patent)
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`12.
`
`13.
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`The allegations of paragraphs 1-11 are incorporated herein by reference.
`
`Invensys is the sole owner of United States Patent No. 7,124,646, titled “Correct-
`
`ing for Two-Phase Flow in Digital Flowmeter” (“the ’646 Patent”). The ’646 Patent was duly
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`and legally issued on October 24, 2006, to Manus P. Henry and Maria Jesus De La Fuente and
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`was assigned to Invensys. A copy of the ’646 patent is attached to this Complaint as Exhibit A.
`
`14.
`
`Defendants Micro Motion and Emerson have been and currently are infringing,
`
`either literally or under the doctrine of equivalents, the ’646 Patent by, among other things: (1)
`
`making, using, selling, importing, and/or offering for sale, within the territorial boundaries of the
`
`United States, products that are covered by one or more claims of the ’646 Patent, including but
`
`not limited to Coriolis Meters (containing a Micro Motion enhanced core processor, Micro
`
`Motion Model 2400S transmitters (e.g., Micro Motion transmitter Models 1700, 2700 and Series
`
`3000) or any substantially similar component) (e.g., Micro Motion® Elite® Coriolis Meters)
`
`and/or components thereof, including, but not limited to, Micro Motion Model 2400S transmit-
`
`ters, transmitters that have a Micro Motion enhanced core processor (e.g., Micro Motion trans-
`
`mitter Models 1700, 2700 and Series 3000) or any substantially similar component; (2) contrib-
`
`uting to the making, using, selling, importing, and/or offering for sale, within the territorial
`
`boundaries of the United States, of products that are covered by one or more claims of the ’646
`
`Patent by selling a material component of the patented invention that does not have substantial
`
`non-infringing uses, including but not limited to Coriolis Meters (containing a Micro Motion
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`Case 6:12-cv-00799-JRG Document 1 Filed 10/22/12 Page 6 of 14 PageID #: 6
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`enhanced core processor, Micro Motion Model 2400S transmitters (e.g., Micro Motion trans-
`
`mitter Models 1700, 2700 and Series 3000) or any substantially similar component) (e.g., Micro
`
`Motion® Elite® Coriolis Meters) and/or components thereof, including, but not limited to, Micro
`
`Motion Model 2400S transmitters, transmitters that have a Micro Motion enhanced core proces-
`
`sor (e.g., Micro Motion transmitter Models 1700, 2700 and Series 3000) or any substantially
`
`similar component, with knowledge that it will be used in the infringement of the ’646 Patent;
`
`and/or (3) inducing its customers, distributors and others in the chain of distribution to make,
`
`use, sell, import and/or offer for sale products that are covered by one or more claims of the ’646
`
`Patent, including but not limited to Coriolis Meters (containing a Micro Motion enhanced core
`
`processor, Micro Motion Model 2400S transmitters (e.g., Micro Motion transmitter Models
`
`1700, 2700 and Series 3000) or any substantially similar component) (e.g., Micro Motion® Elite®
`
`Coriolis Meters) and/or components thereof, including, but not limited to, Micro Motion Model
`
`2400S transmitters, transmitters that have a Micro Motion enhanced core processor (e.g., Micro
`
`Motion transmitter Models 1700, 2700 and Series 3000) or any substantially similar component,
`
`with knowledge of and intent that its customers, distributors and others in the chain of distribu-
`
`tion infringe the ’646 Patent.
`
`15.
`
`Defendants Micro Motion’s and Emerson’s infringement, contributory infringe-
`
`ment, and/or inducement to infringe has injured Invensys, and Invensys is entitled to recover
`
`damages adequate to compensate it for such infringement. Because Defendants’ infringement
`
`has caused Invensys to lose sales and has eroded the price of Invensys’s digital Coriolis flow-
`
`meters, Invensys is entitled to recover lost profits. Alternatively or in addition, Invensys is
`
`entitled to recover a reasonable royalty.
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`16.
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`Defendants Micro Motion’s and Emerson’s infringement of the ’646 Patent has
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`caused and will continue to cause Invensys irreparable harm, for which there is no adequate
`
`remedy at law, unless enjoined by this Court.
`
`SECOND CLAIM
`
`(Patent Infringement of the ’761 Patent)
`
`17.
`
`18.
`
`The allegations of paragraphs 1-16 are incorporated herein by reference.
`
`Invensys is the sole owner of United States Patent No. 7,136,761, titled “Digital
`
`Flowmeter” (“the ’761 Patent”). The ‘761 Patent was duly and legally issued on November 14,
`
`2006, to Manus P. Henry, David W. Clarke, and James H. Vignos and was assigned to Invensys.
`
`A copy of the ’761 Patent is attached to this Complaint as Exhibit B.
`
`19.
`
`Defendants Micro Motion and Emerson have been and currently are infringing,
`
`either literally or under the doctrine of equivalents, the ’761 Patent by, among other things: (1)
`
`making, using, selling, importing, and/or offering for sale, within the territorial boundaries of the
`
`United States, products that are covered by one or more claims of the ’761 Patent, including but
`
`not limited to Coriolis Meters (containing a Micro Motion enhanced core processor, Micro
`
`Motion Model 2400S transmitters (e.g., Micro Motion transmitter Models 1700, 2700 and Series
`
`3000) or any substantially similar component) (e.g., Micro Motion® Elite® Coriolis Meters)
`
`and/or components thereof, including, but not limited to, Micro Motion Model 2400S transmit-
`
`ters, transmitters that have a Micro Motion enhanced core processor (e.g., Micro Motion trans-
`
`mitter Models 1700, 2700 and Series 3000) or any substantially similar component; (2) contrib-
`
`uting to the making, using, selling, importing, and/or offering for sale, within the territorial
`
`boundaries of the United States, of products that are covered by one or more claims of the ’761
`
`Patent by selling a material component of the patented invention that does not have substantial
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`non-infringing uses, including but not limited to Coriolis Meters (containing a Micro Motion
`
`enhanced core processor, Micro Motion Model 2400S transmitters (e.g., Micro Motion trans-
`
`mitter Models 1700, 2700 and Series 3000) or any substantially similar component) (e.g., Micro
`
`Motion® Elite® Coriolis Meters) and/or components thereof, including, but not limited to, Micro
`
`Motion Model 2400S transmitters, transmitters that have a Micro Motion enhanced core proces-
`
`sor (e.g., Micro Motion transmitter Models 1700, 2700 and Series 3000) or any substantially
`
`similar component, with knowledge that it will be used in the infringement of the ’761 Patent; or
`
`(3) inducing its customers, distributors and others in the chain of distribution to make, use, sell,
`
`import and/or offer for sale products that are covered by one or more claims of the ’761 Patent,
`
`including but not limited to Coriolis Meters (containing a Micro Motion enhanced core proces-
`
`sor, Micro Motion Model 2400S transmitters (e.g., Micro Motion transmitter Models 1700, 2700
`
`and Series 3000) or any substantially similar component) (e.g., Micro Motion® Elite® Coriolis
`
`Meters) and/or components thereof, including, but not limited to, Micro Motion Model 2400S
`
`transmitters, transmitters that have a Micro Motion enhanced core processor (e.g., Micro Motion
`
`transmitter Models 1700, 2700 and Series 3000) or any substantially similar component, with
`
`knowledge of and intent that its customers, distributors and others in the chain of distribution
`
`infringe the ’761 Patent.
`
`20.
`
`Defendants Micro Motion’s and Emerson’s infringement, contributory infringe-
`
`ment, and/or inducement to infringe has injured Invensys, and Invensys is entitled to recover
`
`damages adequate to compensate it for such infringement. Because Defendants’ infringement
`
`has caused Invensys to lose sales and has eroded the price of Invensys’s digital Coriolis flow-
`
`meters, Invensys is entitled to recover lost profits. Alternatively or in addition, Invensys is
`
`entitled to recover a reasonable royalty.
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`21.
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`Defendants Micro Motion’s and Emerson’s infringement of the ’761 Patent has
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`caused and will continue to cause Invensys irreparable harm, for which there is no adequate
`
`remedy at law, unless enjoined by this Court.
`
`THIRD CLAIM
`
`(Patent Infringement of the ’136 Patent)
`
`22.
`
`23.
`
`The allegations of paragraphs 1-21 are incorporated herein by reference.
`
`Invensys is the sole owner of United States Patent No. 6,311,136, titled “Digital
`
`Flowmeter” (“the ’136 Patent”). The ’136 Patent was duly and legally issued on October 30,
`
`2001, to Manus P. Henry, David W. Clarke, and James H. Vignos and was assigned to Invensys.
`
`A copy of the ’136 Patent is attached to this Complaint as Exhibit C.
`
`24.
`
`Defendants Micro Motion and Emerson have been and currently are infringing,
`
`either literally or under the doctrine of equivalents, the ’136 Patent by, among other things: (1)
`
`making, using, selling, importing, and/or offering for sale, within the territorial boundaries of the
`
`United States, products that are covered by one or more claims of the ’136 Patent, including but
`
`not limited to Coriolis Meters (containing a Micro Motion enhanced core processor, Micro
`
`Motion Model 2400S transmitters (e.g., Micro Motion transmitter Models 1700, 2700 and Series
`
`3000) or any substantially similar component) (e.g., Micro Motion® Elite® Coriolis Meters)
`
`and/or components thereof, including, but not limited to, Micro Motion Model 2400S trans-
`
`mitters, transmitters that have a Micro Motion enhanced core processor (e.g., Micro Motion
`
`transmitter Models 1700, 2700 and Series 3000) or any substantially similar component; (2)
`
`contributing to the making, using, selling, importing, and/or offering for sale, within the territo-
`
`rial boundaries of the United States, of products that are covered by one or more claims of the
`
`’136 Patent by selling a material component of the patented invention that does not have sub-
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`Case 6:12-cv-00799-JRG Document 1 Filed 10/22/12 Page 10 of 14 PageID #: 10
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`stantial non-infringing uses, including but not limited to Coriolis Meters (containing a Micro
`
`Motion enhanced core processor, Micro Motion Model 2400S transmitters (e.g., Micro Motion
`
`transmitter Models 1700, 2700 and Series 3000) or any substantially similar component) (e.g.,
`
`Micro Motion® Elite® Coriolis Meters) and/or components thereof, including, but not limited to,
`
`Micro Motion Model 2400S transmitters, transmitters that have a Micro Motion enhanced core
`
`processor (e.g., Micro Motion transmitter Models 1700, 2700 and Series 3000) or any substan-
`
`tially similar component, with knowledge that it will be used in the infringement of the ’136
`
`Patent; or (3) inducing its customers, distributors and others in the chain of distribution to make,
`
`use, sell, import and/or offer for sale products that are covered by one or more claims of the ’136
`
`Patent, including but not limited to Coriolis Meters (containing a Micro Motion enhanced core
`
`processor, Micro Motion Model 2400S transmitters (e.g., Micro Motion transmitter Models
`
`1700, 2700 and Series 3000) or any substantially similar component) (e.g., Micro Motion® Elite®
`
`Coriolis Meters) and/or components thereof, including, but not limited to, Micro Motion Model
`
`2400S transmitters, transmitters that have a Micro Motion enhanced core processor (e.g., Micro
`
`Motion transmitter Models 1700, 2700 and Series 3000) or any substantially similar component,
`
`with knowledge of and intent that its customers, distributors and others in the chain of distribu-
`
`tion infringe the ’136 Patent.
`
`25.
`
`Defendants Micro Motion’s and Emerson’s infringement, contributory infringe-
`
`ment, and/or inducement to infringe has injured Invensys, and Invensys is entitled to recover
`
`damages adequate to compensate it for such infringement. Because Defendants’ infringement
`
`has caused Invensys to lose sales and has eroded the price of Invensys’s digital Coriolis flow-
`
`meters, Invensys is entitled to recover lost profits. Alternatively or in addition, Invensys is
`
`entitled to recover a reasonable royalty.
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`26.
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`Defendants Micro Motion’s and Emerson’s infringement of the ’136 Patent has
`
`caused and will continue to cause irreparable harm, for which there is no adequate remedy at
`
`law, unless enjoined by this Court.
`
`FOURTH CLAIM
`
`(Patent Infringement of the ’854 Patent)
`
`27.
`
`28.
`
`The allegations of paragraphs 1-26 are incorporated herein by reference.
`
`Invensys is the sole owner of United States Patent No. 7,505,854, titled “Startup
`
`Techniques for a Digital Flowmeter” (“the ’854 Patent”). The ’854 Patent was duly and legally
`
`issued on March 17, 2009, to Manus P. Henry and Mayela E. Zamora and was assigned to
`
`Invensys. A copy of the ’854 Patent is attached to this Complaint as Exhibit D.
`
`29.
`
`Defendants Micro Motion and Emerson have been and currently are infringing,
`
`either literally or under the doctrine of equivalents, the ’854 Patent by, among other things: (1)
`
`making, using, selling, importing, and/or offering for sale, within the territorial boundaries of the
`
`United States, products that are covered by one or more claims of the ’854 Patent, including but
`
`not limited to Coriolis Meters (containing a Micro Motion enhanced core processor, Micro
`
`Motion Model 2400S transmitters (e.g., Micro Motion transmitter Models 1700, 2700 and Series
`
`3000) or any substantially similar component) (e.g., Micro Motion® Elite® Coriolis Meters)
`
`and/or components thereof, including, but not limited to, Micro Motion Model 2400S trans-
`
`mitters, transmitters that have a Micro Motion enhanced core processor (e.g., Micro Motion
`
`transmitter Models 1700, 2700 and Series 3000) or any substantially similar component; (2)
`
`contributing to the making, using, selling, importing, and/or offering for sale, within the territo-
`
`rial boundaries of the United States, of products that are covered by one or more claims of the
`
`’854 Patent by selling a material component of the patented invention that does not have
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`substantial non-infringing uses, including but not limited to Coriolis Meters (containing a Micro
`
`Motion enhanced core processor, Micro Motion Model 2400S transmitters (e.g., Micro Motion
`
`transmitter Models 1700, 2700 and Series 3000) or any substantially similar component) (e.g.,
`
`Micro Motion® Elite® Coriolis Meters) and/or components thereof, including, but not limited to,
`
`Micro Motion Model 2400S transmitters, transmitters that have a Micro Motion enhanced core
`
`processor (e.g., Micro Motion transmitter Models 1700, 2700 and Series 3000) or any substan-
`
`tially similar component, with knowledge that it will be used in the infringement of the ’854
`
`Patent; or (3) inducing its customers, distributors and others in the chain of distribution to make,
`
`use, sell, import and/or offer for sale products that are covered by one or more claims of the ’854
`
`Patent, including but not limited to Coriolis Meters (containing a Micro Motion enhanced core
`
`processor, Micro Motion Model 2400S transmitters (e.g., Micro Motion transmitter Models
`
`1700, 2700 and Series 3000) or any substantially similar component) (e.g., Micro Motion® Elite®
`
`Coriolis Meters) and/or components thereof, including, but not limited to, Micro Motion Model
`
`2400S transmitters, transmitters that have a Micro Motion enhanced core processor (e.g., Micro
`
`Motion transmitter Models 1700, 2700 and Series 3000) or any substantially similar component,
`
`with knowledge of and intent that its customers, distributors and others in the chain of distribu-
`
`tion infringe the ’854 Patent.
`
`30.
`
`Defendants Micro Motion’s and Emerson’s infringement, contributory infringe-
`
`ment, and/or inducement to infringe has injured Invensys, and Invensys is entitled to recover
`
`damages adequate to compensate it for such infringement. Because Defendants’ infringement
`
`has caused Invensys to lose sales and has eroded the price of Invensys’s digital Coriolis flow-
`
`meters, Invensys is entitled to recover lost profits. Alternatively or in addition, Invensys is
`
`entitled to recover a reasonable royalty.
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`31.
`
`Defendants Micro Motion’s and Emerson’s infringement of the ’854 Patent has
`
`caused and will continue to cause Invensys irreparable harm, for which there is no adequate rem-
`
`edy at law, unless enjoined by this Court.
`
`DEMAND FOR A JURY TRIAL
`
`32.
`
`Invensys hereby demands a trial by jury as to all issues triable by a jury.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Invensys respectfully requests that the Court:
`
`A.
`
`Enter judgment that Defendants Micro Motion and Emerson have infringed,
`
`directly or indirectly, the ’646, ’761, ’136 and ’854 Patents;
`
`B.
`
`Award damages adequate to compensate Invensys for the infringement that has
`
`occurred, including damages for lost profits and price erosion, but in no event less than a reason-
`
`able royalty as permitted by 35 U.S.C. § 284;
`
`C.
`
`Enter a permanent injunction enjoining and restraining Defendants Micro Motion
`
`and Emerson and their officers, directors, agents, servants, employees, and all others acting
`
`under, by, or through them from directly or indirectly infringing the ’646, ’761, ’136 and ’854
`
`Patents and/or grant such other injunctive relief as the Court deems just and appropriate;
`
`D.
`
`E.
`
`Award pre-judgment and post-judgment interest;
`
`Declare this an exceptional case pursuant to 35 U.S.C. § 285 and award Invensys
`
`its attorneys’ fees and costs (including expert fees); and
`
`F.
`
`Award Invensys such other and further relief as this Court may deem just and
`
`proper.
`
`EAST\52383853.5
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`13
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`

`
`Case 6:12-cv-00799-JRG Document 1 Filed 10/22/12 Page 14 of 14 PageID #: 14
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`Date: October 22, 2012
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`Respectfully submitted,
`
`/s/ Claudia Wilson Frost
`Claudia Wilson Frost
`State Bar No. 21671300
`Jeffrey L. Johnson
`State Bar No. 24029638
`Amy P. Mohan
`State Bar No. 24051070
`DLA PIPER LLP
`1000 Louisiana, Suite 2800
`Houston, TX 77002
`Telephone: 713.425.8400
`Facsimile: 713.425.8401
`Email: Claudia.Frost@dlapiper.com
`Email: Jeffrey.Johnson@dlapiper.com
`Email: Amy.Mohan@dlapiper.com
`
`OF COUNSEL:
`
`Nicholas G. Papastavros
`Daniel Rosenfeld
`DLA PIPER LLP
`33 Arch Street, 26th Floor
`Boston, MA 02110
`Telephone: 617.406.6000
`Facsimile: 617.406.6100
`Email: Nick.Papastavros@dlapiper.com
`Email: Daniel.Rosenfeld@dlapiper.com
`
`EAST\52383853.5
`
`14