Case 6:12-cv-00799-JRG Document 106-4 Filed 01/31/14 Page 1 of 2 PageID #: 2702
`Case 6:12—cv—OO799—JRG Document 106-4 Filed 01/31/14 Page 1 of 2 Page|D #: 2702
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`EXHIBIT B
`
`

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`Case 6:12-cv-00799-JRG Document 106-4 Filed 01/31/14 Page 2 of 2 PageID #: 2703
`Case 6:12—cv—00799—JRG Document 106-4 Filed 01/31/14 Page 2 of 2 PagelD #: 2703
`
`Hansen, Linda E.B.
`
`From:
`Sent:
`To:
`
`Cc:
`
`Subject:
`Attachments:
`
`Dear Linda:
`
`Papastavros, Nick <Nick.Papastavros@dtapiper.com>
`Friday, December 21, 2012 4:03 PM
`Hansen, Linda E.B.
`
`Frost. Claudia
`
`Emerson Electric Co.
`2008 O8 06 24005 stainless steel DeviceNet Profibuspdf; 2009 04 21 Elite 6 and 8
`inch.pdf; 2011 06 08 Bunkering system announced (4).pdf: Certificate of Originpdf; MM
`Technical Overview and Spec Summarypdf; Bunkering VT Group.pdf
`
`In response to your December 12, 2012 e—mail, Invensys maintains that it had a good faith basis for filing patent
`infringement claims against Emerson Electric in the EDTX and has a good basis for proceeding forward against Emerson
`at this juncture. Among other things:
`
`Emerson’s 10-K reports that (1) Emerson's sales of Process Management products, which includes the Coriolis
`1.
`mass flow meters in question, totaled over $7.9 billion in 2012, 39% ofwhich was in the US/Canada and (2) that "[t]he
`principal worldwide distribution channel for the Process Management segment is a direct sales force." (10-K pp. 3-4, 6).
`
`2
`Micro Motion does not have its own website, but instead is identified as a "brand” of Emerson Process
`Management, which is a division of Emerson Electric Co. [http:Z(www2.emersonprocess.com{en-
`us[brands/micromotion/Pagesgcoriolisflow-density—measurement.asgx)
`
`Numerous press releases related to Micro Motion products (such as those attached hereto), including
`3.
`bunkering technology and ELITE Coriolis fiowmeters, discuss "Emerson's Micro Motion products” and describe Micro
`Motion as a "brand” of Emerson Process Management. Others speak in terms of Emerson Process Ma nagement’s
`“expansion,” "announcement" or “upgrades” of Micro Motion products. All of these press releases also include a
`paragraph at the end describing both Emerson and Emerson Process Management.
`
`Numerous technical documents for Micro Motion products, such as the Micro Motion Technical Overview and
`4.
`Specification Summary Product Data Sheet [Aprii 2011), Certificate of Origin/Product List oforigin (June 23, 2011), and
`several product information sheets, are marked with both Emerson Process Management and Micro Motion
`logos. These documents reference the accused devices as "Emerson's worid-leading Micro Motion Coriolis flow and
`density measurement devices” and "Micro Motion transmitters and controllers from Emerson Process
`Management.” Other documents also state that the "Micro Motion and Emerson logos are trademarks and service
`marks of Emerson Eiectric Co.” See documents attached hereto.
`
`This evidence strongly militates in favor of En1erson’s liability flowing from making, using, selling or offering for sale the
`accused products, and we are confident this will be further borne out in discovery.
`I trust this resolves your concern, but
`if you continue to maintain this is an issue and Emerson should be dismissed, please submit all evidence you have
`purportedly supporting this notion to my attention.
`
`Thank you,
`
`Nick
`
`Nick Papastavros
`Partner