Case 6:12-cv-00799-JRG Document 14-1 Filed 01/10/13 Page 1 of 2 PageID #: 427
`Case 6:12—cv—OO799—JRG Document 14-1 Filed 01/10/13 Page 1 of 2 Page|D #: 427
`
`IN THE UNITED STATES DISTRICT COURT
`
`EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`Case No. 12-CV-007'99
`
`INVENSYS SYSTEMS, INC,
`
`Plaintiff,
`
`VS.
`
`EMERSON ELECTRIC CO. and
`
`MICRO MOTION INC., USA,
`
`Defendants,
`
`and
`
`MICRO MOTION INC., USA,
`
`Counterclaim-Plaintiff,
`
`VS.
`
`INVENSYS SYSTEMS, INC.,
`
`Counterclaim-Defendant.
`
`DECLARATION OF ANDREW DUDIAK
`
`I, Andrew Dudiak, do hereby declare as follows:
`
`1.
`
`2.
`
`3.
`
`4.
`
`I am the Vice President of Marketing for Micro Motion, Inc. (“Micro Motion”) and make
`this declaration on its behalf and in support of its Motion to Transfer Venue Pursuant to
`28 U.S.C.§ l404(a).
`
`I work at the headquarters of Micro Motion, which is located in Boulder, Colorado, and is
`where the great majority of Micro Motion’s employees work.
`
`Micro Motion was incorporated in Colorado in 1973, and is a wholly-owned subsidiary
`of Emerson Electric Co.
`
`Micro Motion’s engineering, marketing, sales, finance, and administrative functions and
`personnel are centered in Boulder, Colorado. Boulder is where all decisions pertaining to
`the pricing, marketing, and sales of the accused products occur.
`
`4852676237 232.1
`
`

`
`Case 6:12-cv-00799-JRG Document 14-1 Filed 01/10/13 Page 2 of 2 PageID #: 428
`Case 6:12—cv—OO799—JRG Document 14-1 Filed 01/10/13 Page 2 of 2 Page|D #: 428
`
`The products accused of infringement in this case are known as Coriolis flowmeters, and
`they were conceived of, designed, and developed in Boulder, Colorado.
`Coriolis
`flowmeters can measure the flow, mass, density, temperature, and viscosity of various
`materials.
`
`The employees associated with the conception, design, and development of the accused
`products are located in Boulder, Colorado.
`For example, Richard Maginnis,
`the
`Engineering Manager for the accused products, and Craig McAnally, an engineer who
`works on the accused products, work at Micro Motion’s Boulder, Colorado headquarters.
`
`All of Micro Motion’s U.S. engineers work at Micro Motion’s Boulder, Colorado
`headquarters.
`The engineering documents related to the design, development, and
`manufacture of the accused products are generally located in Boulder, Colorado.
`
`The products accused of infringement are manufactured in Boulder, Colorado and outside
`the United States. Micro Motion does not manufacture any products in Texas.
`
`Micro Motion’s Coriolis flowmeters are sold nationwide and across much of the world.
`
`The marketing, sales, and financial documents relating to the accused products are
`located in Boulder, Colorado. All of the people knowledgeable about those documents
`are also located in Boulder, Colorado.
`
`Although Micro Motion has sold products in Texas, Micro Motion does not own or lease
`any offices, facilities, or land in the Eastern District of Texas.
`
`Micro Motion has some employees in Texas, of whom approximately two are located in
`the Eastern District of Texas, and work out of a Beaumont, Texas office of a third-party
`sales representative, Scallon Controls. These employees are involved in sales and service
`of Micro Motion products and have no specific knowledge relating to the issues involved
`in this lawsuit. Micro Motion does not expect to call any of its Texas-based employees
`as witnesses.
`
`Micro Motion’s document collection efforts in this matter will primarily take place in its
`Boulder, Colorado headquarters.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`10.
`
`11.
`
`I2.
`
`13.
`
`Dated:
`
`January 10, 2013
`
`"-
`
`'\
`
`4852-8762-72 82.1