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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`Plaintiff,
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`Case No. 6:12-cv-00799-LED
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`INVENSYS SYSTEMS, INC.,
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`vs.
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`EMERSON ELECTRIC CO. and
`MICRO MOTION INC., USA,
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`Defendants,
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`and
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`MICRO MOTION INC., USA,
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`Counterclaim-Plaintiff,
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`vs.
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`INVENSYS SYSTEMS, INC.,
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`Counterclaim-Defendant.
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`DECLARATION OF KADIE M. JELENCHICK
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`I, Kadie M. Jelenchick, do hereby declare as follows:
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`1.
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`I am an attorney with the firm Foley & Lardner LLP, counsel for Micro Motion
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`Inc. and Emerson Electric Co. in the above-captioned matter. I submit this declaration in support
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`of Micro Motion, Inc.’s and Emerson Electric Co.’s Motion to Stay Pending Inter Partes
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`Review.
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`2.
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`Attached as Exhibit A is a true and correct copy of the Petition for Inter Partes
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`Review of U.S. Patent No. 7,124,646, Case No. IPR2014-00179, filed with the United States
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`Patent and Trademark Office on November 19, 2013.
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`4847-5231-7208.1
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`Case 6:12-cv-00799-JRG Document 107-1 Filed 02/07/14 Page 2 of 4 PageID #: 2730
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`3.
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`Attached as Exhibit B is a true and correct copy of the Petition for Inter Partes
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`Review of U.S. Patent No. 7,136,761, Case No. IPR2014-00178, filed with the United States
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`Patent and Trademark Office on November 19, 2013.
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`4.
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`Attached as Exhibit C is a true and correct copy of the Petition for Inter Partes
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`Review of U.S. Patent No. 7,505,854, Case No. IPR2014-00167, filed with the United States
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`Patent and Trademark Office on November 19, 2013.
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`5.
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`Attached as Exhibit D is a true and correct copy of the Petition for Inter Partes
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`Review of U.S. Patent No. 6,311,136, Case No. IPR2014-00170, filed with the United States
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`Patent and Trademark Office on November 19, 2013.
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`6.
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`Attached as Exhibit E is a true and correct copy of Exhibit A to the Invalidity
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`Contentions of Emerson Electric Co. and Micro Motion, Inc. served upon Invensys Systems, Inc.
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`on September 13, 2013.
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`7.
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`Attached as Exhibit F is a true and correct copy of the Notice of Filing Date
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`Accorded to Petition and Time for Filing Patent Owner Preliminary Response in IPR Case No.
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`IPR2014-00167, dated December 5, 2013.
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`8.
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`Attached as Exhibit G is a true and correct copy of the Notice of Filing Date
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`Accorded to Petition and Time for Filing Patent Owner Preliminary Response in IPR Case No.
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`IPR2014-00170, dated December 5, 2013.
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`9.
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`Attached as Exhibit H is a true and correct copy of the Notice of Filing Date
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`Accorded to Petition and Time for Filing Patent Owner Preliminary Response in IPR Case No.
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`IPR2014-00178, dated December 5, 2013.
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`4847-5231-7208.1
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`2
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`Case 6:12-cv-00799-JRG Document 107-1 Filed 02/07/14 Page 3 of 4 PageID #: 2731
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`10.
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`Attached as Exhibit I is a true and correct copy of the Notice of Filing Date
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`Accorded to Petition and Time for Filing Patent Owner Preliminary Response in IPR Case No.
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`IPR2014-00179, dated December 5, 2013.
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`11.
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`Attached as Exhibit J is a true and correct copy of the Petition for Inter Partes
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`Review of U.S. Patent No. 8,000,906, Case No. IPR2014-00392, filed with the United States
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`Patent and Trademark Office on January 29, 2014.
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`12.
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`Attached as Exhibit K is a true and correct copy of the Petition for Inter Partes
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`Review of U.S. Patent No. 6,754,594, Case No. IPR2014-00390, filed with the United States
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`Patent and Trademark Office on January 30, 2014.
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`13.
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`Attached as Exhibit L is a true and correct copy of the Petition for Inter Partes
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`Review of U.S. Patent No. 7,571,062, Case No. IPR2014-00393, filed with the United States
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`Patent and Trademark Office on January 31, 2014.
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`14.
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`Attached as Exhibit M is a true and correct copy of a United States Patent and
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`Trademark Office publication entitled “Patent Trial and Appeal Board, AIA Progress, Statistics
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`(as
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`of
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`January
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`30,
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`2014),”
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`also
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`available
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`on-line
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`at:
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`http://www.uspto.gov/ip/boards/bpai/stats/aia_statistics_01_30_2014.pdf.
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`15.
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`Attached as Exhibit N is a true and correct copy of the Decision to Initiate Trial
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`for Inter Partes Review in the matter styled Garmin Int’l, Inc. v. Cuozzo Speed Techs. LLC, No.
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`IPR2012-00001, Paper No. 15 (PTAB Jan. 9, 2013).
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`16.
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`Attached as Exhibit O is a true and correct copy of the Decision Denying
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`Institution of Inter Partes Review in the matter styled Universal Remote Control, Inc. v.
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`Universal Elecs., Inc., No. IPR2013-00152, Paper No. 8 (PTAB Aug. 19, 2013).
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`4847-5231-7208.1
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`3
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`Case 6:12-cv-00799-JRG Document 107-1 Filed 02/07/14 Page 4 of 4 PageID #: 2732
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Dated: February 7, 2014
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`Respectfully submitted,
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`/s/ Kadie M. Jelenchick
`Kadie M. Jelenchick, WI Bar No. 1056506
`Foley & Lardner LLP
`777 East Wisconsin Avenue
`Milwaukee, Wisconsin 53202
`Phone: (414) 271-2400
`Fax: (414) 297-4900
`Email: kjelenchick@foley.com
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`4847-5231-7208.1
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`4