Case 6:12-cv-00799-JRG Document 130-2 Filed 03/20/14 Page 1 of 3 PageID #: 3999
`Case 6:12—cv—00799—JRG Document 130-2 Filed 03/20/14 Page 1 of 3 Page|D #: 3999
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`EXHIBIT P
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`EXHIBIT P
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`Case 6:12-cv-00799-JRG Document 130-2 Filed 03/20/14 Page 2 of 3 PageID #: 4000
`ATTORNEYS AT LAW
`777 EAST WISCONSIN AVENUE
`MILWAUKEE, WI 53202-5306
`414.271.2400 TEL
`414.297.4900 FAX
`WWW.FOLEY.COM
`
`WRITER’S DIRECT LINE
`414.319.7324
`kjelenchick@foley.com E-MAIL
`
`CLIENT/MATTER NUMBER
`087886-0122
`
`December 24, 2013
`
`Via E-Mail
`
`Jeffrey Johnson
`DLA Piper LLP
`1000 Louisiana Street, Suite 2800
`Houston, TX 77002-5005
`
`Re:
`
`Invensys Systems, Inc. v Emerson Electric Co., et al.
`Case No. 12-cv-799-LED (E.D. Tex.)
`
`Dear Jeffrey:
`
`I write to respond to Mr. Papastavros’s December 10, 2013 letter requesting that
`Defendants produce to your attention “one (1) functional sample of each Micro Motion and/or
`Emerson Coriolis flowmeter,
`including the original packaging, software, and accompanying
`documentation … [for] Coriolis flowmeters containing a transmitter with an enhanced core
`processor and/or any reasonably similar component that (1) Micro Motion and/or Emerson Electric
`Co., or, alternatively, (2) Micro Motion and/or Emerson Process Management has ever used, made,
`sold, or offered for sale within the United States or imported into the United States, either directly or
`indirectly through distributors or other means.”
`
`As an initial matter, we were surprised by the request. It suggests that Invensys does
`not already have sample(s) of the accused flowmeters, which as you know, should have been
`obtained and investigated prior to the filing of this lawsuit to satisfy Invensys’s Rule 11 obligations.
`
`Moreover, there is nothing that prevents Invensys from purchasing the sought-after
`flowmeters directly from Micro Motion. To the extent Invensys would like to make such a purchase,
`I would be more than happy to arrange it. Please provide me the specific items you would like,
`where we should send them, and let me know to whom I should direct the invoice for payment.
`
`As part of Micro Motion’s discovery obligations, it will make a reasonable number of
`samples available for inspection at a mutually agreeable day and time in Boulder, Colorado. To the
`extent this is something that you are interested in, please let me know.
`
`Finally, attached please find a Notice of Rule 30(b)(6) Deposition directed to
`Invensys. At your first opportunity, please confirm that the deposition will be going forward as
`noticed at our Boston office on Thursday, January 16, 2014, so that we can make the appropriate
`arrangements.
`
`BOSTON
`BRUSSELS
`CHICAGO
`DETROIT
`
`JACKSONVILLE
`LOS ANGELES
`MADISON
`MIAMI
`
`MILWAUKEE
`NEW YORK
`ORLANDO
`SACRAMENTO
`
`SAN DIEGO
`SAN DIEGO/DEL MAR
`SAN FRANCISCO
`SHANGHAI
`
`SILICON VALLEY
`TALLAHASSEE
`TAMPA
`TOKYO
`WASHINGTON, D.C.
`
`4842-9830-3511.1
`
`

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`Case 6:12-cv-00799-JRG Document 130-2 Filed 03/20/14 Page 3 of 3 PageID #: 4001
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`FOLEY & L ARDN ER LL P
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`Jeffrey Johnson
`December 24, 2013
`Page 2
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`Sincerely,
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`/s/ Kadie M. Jelenchick
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`Attachment
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`cc: Service-invensyscoriolis@dlapiper.com
`
`4842-9830-3511.1