Case 6:12-cv-00799-JRG Document 133 Filed 03/27/14 Page 1 of 6 PageID #: 4019
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`Case No. 6:12-cv-00799-LED
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`INVENSYS SYSTEMS, INC.,
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`Plaintiff,
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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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`EMERSON ELECTRIC CO.’S AND MICRO MOTION, INC.’S APPLICATION FOR
`ISSUANCE OF A LETTER OF REQUEST TO THE CENTRAL AUTHORITY OF THE
`UNITED KINGDOM FOR INTERNATIONAL JUDICIAL ASSISTANCE PURSUANT
`TO THE HAGUE CONVENTION OF 18 MARCH 1970 ON THE TAKING OF
`EVIDENCE ABROAD IN CIVIL OR COMMERCIAL MATTERS
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`4818-1675-6505.
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`

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`Case 6:12-cv-00799-JRG Document 133 Filed 03/27/14 Page 2 of 6 PageID #: 4020
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`Defendant Emerson Electric Co. (“Emerson”) and Defendant and Counterclaim-Plaintiff
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`Micro Motion, Inc. (“Micro Motion”), pursuant to Article 1 of the Hague Convention of March
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`18, 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters (“Hague
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`Convention”) and Rule 28(b) of the Federal Rules of Civil Procedure, hereby submit this
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`Application for Issuance of a Letter of Request to obtain evidence that is located in the United
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`Kingdom to be used in the above-captioned case pending before this Court.
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`Emerson and Micro Motion have learned that at least three individuals residing in the
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`United Kingdom—Manus Henry, David W. Clarke, and Mayela E. Zamora, all of whom are
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`listed co-inventors of one or more of the patents asserted by Plaintiff and Counterclaim-
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`Defendant Invensys Systems, Inc. (“Invensys”) in this lawsuit—and the University of Oxford
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`each have information relevant to this litigation. Specifically, it has been made known that each
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`of the seven claimed patented inventions asserted by Invensys were conceived, developed, and/or
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`reduced to practice through a relationship between Invensys and the University of Oxford.
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`In
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`addition, the relevant work performed by the three aforementioned alleged co-inventors was
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`performed during their employment and research time with the University of Oxford. However,
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`except for Manus Henry, none of the co-inventors has produced any documents in this case
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`despite requests made by Emerson and Micro Motion for relevant documents and information
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`from those individuals. The University of Oxford has also not produced any documents in this
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`case despite similar requests directed to Invensys for documents from the University.
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`Emerson and Micro Motion understand that the alleged co-inventors and the University
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`of Oxford cannot be compelled to provide evidence in the absence of compliance with the Hague
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`Convention. Accordingly, Emerson and Micro Motion request
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`that
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`this Court
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`issue the
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`accompanying Letter of Request, and that the executed Letter of Request be returned to counsel
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`2
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`

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`Case 6:12-cv-00799-JRG Document 133 Filed 03/27/14 Page 3 of 6 PageID #: 4021
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`for Emerson and Micro Motion for delivery to the proper authorities in the United Kingdom
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`under the appropriate procedure.
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`In an effort to obtain the relevant information as expeditiously as possible, counsel for
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`Emerson and Micro Motion has attempted to seek this information without resorting to the
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`Hague Convention by making specific requests for the relevant information and documents from
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`counsel for Invensys. Counsel for Emerson and Micro Motion eventually served upon counsel
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`for Invensys a subpoena requesting the information. On each of these occasions, counsel for
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`Invensys has refused, for the most part, to provide the requested discovery from the named co-
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`inventors and from the University of Oxford.
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`Invensys has produced certain documents from
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`Manus Henry. However, because this production is voluntary, Emerson and Micro Motion
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`cannot be certain that Invensys has produced all requested documents in Dr. Henry’s possession,
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`custody, or control. As to the remaining inventors and the University of Oxford, Invensys has
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`indicated that such information must be acquired through use of the Hague Convention. To the
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`extent Invensys now produces the requested materials and the alleged co-inventors voluntarily
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`make themselves available for deposition, Emerson and Micro Motion will withdraw this
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`Application.
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`3
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`

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`Case 6:12-cv-00799-JRG Document 133 Filed 03/27/14 Page 4 of 6 PageID #: 4022
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`Dated: March 27, 2014
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`Respectfully submitted,
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`Guy N. Harrison, State Bar No. 00000077
`Harrison Law Firm
`217 N. Center Street
`Longview, Texas 75601
`Phone: (903) 758-7361
`Fax: (903) 753-9557
`Email: guy@gnhlaw.com
`
`/s/ Kadie M. Jelenchick
`Linda E.B. Hansen, WI Bar No. 1000660
`Richard S. Florsheim, WI Bar No. 1015905
`Jeffrey N. Costakos, WI Bar No. 1008225
`Kadie M. Jelenchick, WI Bar No. 1056506
`Matthew J. Shin, WI Bar No. 1090096
`Foley & Lardner LLP
`777 East Wisconsin Avenue
`Milwaukee, Wisconsin 53202
`Phone: (414) 271-2400
`Fax: (414) 297-4900
`Email: lhansen@foley.com
`rflorsheim@foley.com
`jcostakos@foley.com
`kjelenchick@foley.com
`mshin@foley.com
`
`Attorneys for Defendant Emerson Electric
`Co. and Defendant and Counterclaim-
`Plaintiff Micro Motion, Inc.
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`4
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`Case 6:12-cv-00799-JRG Document 133 Filed 03/27/14 Page 5 of 6 PageID #: 4023
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`CERTIFICATE OF CONFERENCE
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`I, Kadie M. Jelenchick, counsel for Defendant Emerson Electric Co. and Defendant and
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`Counterclaim-Plaintiff Micro Motion, Inc., hereby certify that I have consulted with counsel for
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`Plaintiff and Counterclaim-Defendant Invensys Systems, Inc. in an attempt to avoid making the
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`aforementioned Application. These discussions resulted in an impasse.
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`/s/ Kadie M. Jelenchick
`Kadie M. Jelenchick
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`5
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`Case 6:12-cv-00799-JRG Document 133 Filed 03/27/14 Page 6 of 6 PageID #: 4024
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`CERTIFICATE OF SERVICE
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`I hereby certify that on March 27, 2014, I electronically filed the foregoing document
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`with the Clerk of Court using the CM/ECF system which will send notification of such filing via
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`electronic mail to all counsel of record.
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`/s/ Kadie M. Jelenchick
`Kadie M. Jelenchick
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`6