Case 6:12-cv-00799-JRG Document 126-1 Filed 03/10/14 Page 1 of 8 PageID #: 3946
`Case 6:12—cv—00799—JRG Document 126-1 Filed 03/10/14 Page 1 of 8 Page|D #: 3946
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`Case 6:12—cv—00799—JRG Document 126-1 Filed 03/10/14 Page 1 of 8 Page|D #: 3946
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`Case 6:12-cv-00799-JRG Document 126-1 Filed 03/10/14 Page 2 of 8 PageID #: 3947
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`Case 6:12-cv-00799-JRG Document 126-1 Filed 03/10/14 Page 3 of 8 PageID #: 3948
`Case 6:12—cv—00799—JRG Document 126-1 Filed 03/10/14 Page 3 of 8 Page|D #: 3948
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`Very truly yours,
`
`DLA Piper LLP (US)
`
`December 10, 2013
`Page Two
`
`
`4*5! !
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`/s/Nicholas G. Papastavros
`
`Nicholas G. Papastavros
`
`
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`Micro Motion flowmeters set new bar in mass flow, density measurement - Emerson Exc...
`Page 1 of 2
`Case 6:12-cv-00799-JRG Document 126-1 Filed 03/10/14 Page 4 of 8 PageID #: 3949
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`EMERSON EXCHANGE NEWS
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`S S S S M
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`0
`
`Micro Motion flowmeters set new bar in mass flow, density
`measurement
`
`Emerson Exchange News 1 Oct 2013 11:09 PM
`
`0
`
`by Walt Boyes
`
`Emerson unveils new mass flow line-up
`
`Emerson bid farewell to the iconic triangle of its Micro Motion Elite Coriolis mass flowmeters at a Tuesday press conference this week at the Emerson Global Users
`Exchange. In its stead, explained Andy Dudiak, Micro Motion vice president and general manager, is the next generation Elite CMFS (for Coriolis Mass Flow Sensor): a
`fully drainable mass meter that sets a new standard in high performance mass flow measurement.
`
`“We were able, because of our unmatched design capabilities, to produce a new meter family with real advances,” Dudiak said. “The accuracy of
`the new instrument is +/- 0.05% of mass flow, +/- 0.05% of volume flow, and +/- 0.0002 g/cc density, with 30:1 turndown. That’s high meter
`rangeability, and we’ve made it more stable at low flows. The zero stability of the instruments reflects a 50% improvement over the previous
`generation of Elite meters.”
`
`“We have improved our gas mass flow accuracy to better than +/- 0.25%, and we have proven this on our primary gravimetric calibration stand,”
`Dudiak added. “We can handle bubble flow, slug flow of gases and liquids, and full/empty/full flow conditions. We have improved our Smart Meter
`Verification, and made it possible to use WirelessHART to remotely verify the calibration of the product.”
`
`“It is more than technology,” added Neal Ingram, president of Emerson Process Management’s Precision Flow group. In the past 36 years, he
`noted, engineers for the Micro Motion product line have received over 50 U.S. patents and 1,500 patents worldwide. Plus, Emerson has introduced
`50 new products just in the past five years, Ingram said. The Micro Motion operation also has adapted to the demands of supplying flow and density
`instruments globally, including support for a multilingual call center, smartphone apps, training videos, and an assortment of web- and social-media portals.
`
`Dudiak then turned to the new vibration density and viscosity devices. Combining the latest Coriolis design into a product optimized for density, he described the new
`Compact Density Meter and proclaimed that this meter raises the standard for online density metering and enhances custody transfer, processing and blending
`operations.
`
`“We know our customers want application-specific solutions,” he said. “They want human centered design solutions for easy startup and maintenance, and they want
`simplified system integration with the plant networks so they can remotely diagnose meter health.”
`
`Then he described the new Gas Density Meter, a vibrating fork type meter that measures gas density and provides gas purity and blending measurements. Additionally,
`he showed the new Specific Gravity Meter, a vibrating tube meter that provides measurements of specific gravity, molecular weight, gas purity, BTU/calorific value and
`Wobbe Index.
`
`http://community.emerson.com/process/emerson-exchange/b/weblog/archive/2013/10/01/...
`
`12/10/2013
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`Micro Motion flowmeters set new bar in mass flow, density measurement - Emerson Exc...
`Page 2 of 2
`Case 6:12-cv-00799-JRG Document 126-1 Filed 03/10/14 Page 5 of 8 PageID #: 3950
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`“Customers want legacy flow computer support,” Dudiak said, “so we’ve provided them frequency and 4-20 mA analog outputs, as well as HART to WirelessHART and
`Modbus to FOUNDATION fieldbus support. We have provided a new diagnostic capability called Known Density Verification that checks the meter for measurement alarm
`conditions, sensor integrity and the presence of coating, erosion or corrosion, and we have included integrated links to ProLink, AMS and other asset portal tools.”
`
`Dudiak went on to describe specific applications for these instruments, including fuel gas monitoring, heavy fuel oil combustion control, and--last but not least--alcohol
`distillation monitoring. “Absolut vodka has to have very tight concentration control, for tax purposes, from 40.0 to 40.1% alcohol concentration, and they are using the flow
`value from the Compact Density Meter to give them percentage alcohol by volume (ABV). This keeps them within spec without giving and extra alcohol away. It also
`prevents them from running the still too fast, which burns the grain and imparts a ‘strange’ taste to the vodka, and we don’t want our vodka to taste funny.”
`
`The new family of meters shares a common user interface, and has the same look and feel as the other members of the Micro Motion production program.
`
`Emerson Exchange, News, Flow, Measure & Analyze, Micro Motion
`
`This is the official online community site of the Emerson Global Users Exchange, a forum for the free exchange of non-proprietary information
`among the global user community of all Emerson Process Management's products and services. Our goal is to improve the efficiency and use of
`process automation systems and solutions employed at members’ facilities by sharing our knowledge, experiences, and application information.
`
`© 2011 Emerson Global Users Exchange. All rights reserved.
`Legal Information | Contact Community Manager
`
`http://community.emerson.com/process/emerson-exchange/b/weblog/archive/2013/10/01/...
`
`12/10/2013
`
`
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`Case 6:12-cv-00799-JRG Document 126-1 Filed 03/10/14 Page 6 of 8 PageID #: 3951
`
`DLA Piper LLP (US)
`33 Arch Street, 26th Floor
`Boston, Massachusetts 02110-1447
`www.dlapiper.com
`
`Nicholas G. Papastavros
`nick.papastavros@dlapiper.com
`T 617.406.6019
`F 617.406.6119
`
`
`
`
`
`
`
`February 14, 2014
`VIA EMAIL
`
`Kadie M. Jelenchick
`Foley & Lardner LLP
`777 East Wisconsin Avenue
`Milwaukee, WI 53202-5306
`
`Re:
`
`Invensys Systems, Inc. v. Emerson Electric Co., et al.
`Case No. 12-cv-799-LED (E.D. Tex.)
`
`Dear Kadie:
`
`I write in response to your January 24, 2014 letter to Claudia Frost, and to follow‐up on certain issues
`originally raised in my December 10, 2013 letter and discussed in subsequent meet and confers between
`the parties.
`
`Document Production: Invensys and Henry’s production is substantially complete for all non‐financial
`documents. As you are aware, Invensys has also made a substantial production of sales and financial
`documents, including financial documents evidencing CFT‐50 and CFT‐51 sales. We are in the final
`stages of determining whether there is a small subset of additional sales/financial documents to
`produce, and will let you know as soon as possible. Such documents will be produced in advance of the
`30(b)(6) deposition for which we will be furnishing dates by next Wednesday, February 19.
`
` note that we have received several supplemental productions from Micro Motion in recent
`weeks. See, e.g., December 20 and January 31 communications. Please confirm whether Emerson and
`Micro Motion’s production is complete.
`
`Privilege Log: As to your concerns regarding the revised Invensys and Manus Henry logs that were
`provided on January 21, 2014, we have inserted the author and/or recipient information to the extent
`we have that information. Invensys intends to provide its redaction log and a log specific to the non‐
`email documents produced in the Shore Chan litigation on or before Friday, February 21.
`
`Separately, please let us know when Emerson and Micro Motion intend to provide their own redaction
`logs as well, as we have located well over 700 documents at present with redactions within Emerson
`and Micro Motion’s own production for which no redaction logs were provided. See, e.g., MM0001173;
`MM0659666; MM0665975; MM0669038; MM0669669; MM0670813; MM0939417; MM0940475; and
`MM0996245.
`
`On the common interest privilege issue, the Fifth Circuit's application of the common interest privilege is
`not as narrow as you suggest and is consistent with the decision in In re Regents, 101 F.3d 1386 (Fed.
`Cir. 1996). See Hodges, Grant & Kaufmann v. United States, 768 F.2d 719 (5th Cir. 1985). Even if the
`
` I
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`Case 6:12-cv-00799-JRG Document 126-1 Filed 03/10/14 Page 7 of 8 PageID #: 3952
`
`
`
`Kadie M. Jelenchick
`February 14, 2014
`Page Two
`
`common interest privilege does not apply, any disclosure to Oxford (especially to Henry) would not
`waive Invensys's other privilege rights.
`
`E‐Mail Discovery: You indicated in your letter that “until we have the entirety of Invensys’ document
`production, we will not be in a position to provide our listing of the fifteen most significant e‐mail
`custodians.” We think this is a misreading of the e‐Discovery Order. Under the e‐Discovery Order, e‐
`discovery follows “an exchange of initial disclosures and a specific listing of likely e‐mail custodians that
`contains a specific identification of no more than the fifteen most significant listed e‐mail custodians.”
`Thus, it is the party’s own e‐discovery custodians that need to be disclosed. The parties can then
`propound interrogatories and take a deposition to determine which eight of the opposing party’s
`custodians they want e‐mails for. We are prepared to move forward on this next week – —we would
`suggest Thursday, February 20. Please advise.
`
`Interrogatories: We are currently working on our supplemental interrogatory responses and will furnish
`them by next Friday, February 21. We look forward to receiving Micro Motion and Emerson’s
`supplemental responses next week as well.
`
`Flowmeters: As you know from my December 10, 2013 letter and follow‐up meet and confers, Invensys
`has an ongoing request for Micro Motion to produce all accused Coriolis Products, as that term is
`defined in the December 10, 2013 letter. You responded in the meet and confer by identifying how
`purportedly costly it would be to produce all such flowmeters, and referred us to a price list. As a
`threshold matter, I understand that you have previously identified to Todd Patterson that Micro Motion
`has made available for inspection by Invensys’ outside counsel and consultants the source code for all
`such Coriolis Products, including the latest released version. Can you confirm that this still includes the
`latest released version? And can you please confirm early next week that this includes all source code
`for the newly released Elite CMFS Series Coriolis Mass Flow Meter? Can you also indicate when over the
`course of the next couple weeks you will make that particular meter available for review and inspection?
`The foregoing is without waiver of Invensys’s rights to obtain the other Coriolis Products.
`
`
`Very truly yours,
`
`/s/ Nicholas G. Papastavros
`
`Nicholas G. Papastavros
`
`NGP:mas
`
`EAST\70015051.1
`
`
`
`Case 6:12-cv-00799-JRG Document 126-1 Filed 03/10/14 Page 8 of 8 PageID #: 3953
`
`DLA Piper LLP (US)
`33 Arch Street, 26th Floor
`Boston, Massachusetts 02110-1447
`www.dlapiper.com
`
`Nicholas G. Papastavros
`nick.papastavros@dlapiper.com
`T 617.406.6019
`F 617.406.6119
`
`February 28, 2014
`VIA EMAIL
`
`Kadie M. Jelenchick
`Foley & Lardner LLP
`777 East Wisconsin Avenue
`Milwaukee, WI 53202-5306
`
`Re:
`
`Invensys Systems, Inc. v. Emerson Electric Co., et al.
`Case No. 12-cv-799-LED (E.D. Tex.)
`
`Dear Kadie:
`
`I write to follow-up on certain discovery issues from my February 14, 2014 letter. Please address or
`respond to these issues by close of business next Tuesday, March 4, 2014, or provide a time next week
`when you are available to meet and confer.
`
`In your February 12, 2014 e-mail to Claudia Frost, you indicated that “we
`Interrogatory Responses:
`anticipate providing a supplement to Micro Motion’s and Emerson’s interrogatory responses by early next
`week.” The responses still have not been received. Please advise when you plan to furnish the
`supplemental responses.
`
`Document Production: Please confirm that Emerson and Micro Motion’s document productions are
`substantially complete.
`
`Privilege Log: We have located well over 700 redacted documents within Emerson and Micro Motion’s
`production for which no redaction logs were provided. See, e.g., MM0001173; MM0659666;
`MM0665975; MM0669038; MM0669669; MM0670813; MM0939417; MM0940475; and MM0996245.
`Please advise when you plan to provide Emerson and Micro Motion’s redaction logs.
`
`Flowmeters: You have not responded fully to the questions set forth in my February 14, 2014 letter.
`Please provide a complete response to those questions no later than next Tuesday, March 4. More
`specifically:
`
`
`
`
`
`
`
`You previously informed Todd Patterson that Micro Motion has made available for inspection by
`Invensys’ outside counsel and consultants the source code for all Coriolis Products, including the
`latest released version. Please confirm that Micro Motion’s production is still current and that no
`new versions of this source code have been released.
`Please confirm that you have made available for inspection all source code for the newly released
`Elite CMFS Series Coriolis Mass Flow Meters.
`Please identify when you will make the Elite CMFS Series Coriolis Mass Flow Meters available
`for review and inspection.
`
`Very truly yours,
`
`/s/ Nicholas G. Papastavros
`Nicholas G. Papastavros
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