Case 6:12-cv-00799-JRG Document 163-4 Filed 06/10/14 Page 1 of 119 PageID #: 4823
`Case 6:12—cv—00799—JRG Document 163-4 Filed 06/10/14 Page 1 of 119 Page|D #: 4823
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`EXHIBIT C
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`EXHIBIT C
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`Case 6:12-cv-00799-JRG Document 163-4 Filed 06/10/14 Page 2 of 119 PageID #: 4824
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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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`Counterclaim-Defendant.
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`INVENSYS SYSTEMS, INC.,
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`SUPPLEMENTATION TO INVALIDITY CONTENTIONS OF EMERSON ELECTRIC CO. AND
`MICRO MOTION, INC.
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`Pursuant to P. R. 3-6(b), Defendant Emerson Electric Co. (“Emerson”) and
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`Defendant and Counterclaim-Plaintiff Micro Motion, Inc. (“Micro Motion”) hereby provide the
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`following supplementation to their Invalidity Contentions relating to the Invensys Patents-in-Suit
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`(United States Patent Nos. 7,124,646, 7,136,761, 6,311,136, 7,505,854, 6,754,594, 7,571,062,
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`and 8,000,906) served on September 13, 2013.
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`In addition, in compliance with P. R. 3-4, Emerson and Micro Motion identify the
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`following documents, copies of which were recently obtained by counsel for defendants and
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`4836-7050-8059.1
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`

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`Case 6:12-cv-00799-JRG Document 163-4 Filed 06/10/14 Page 3 of 119 PageID #: 4825
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`recently provided to counsel for plaintiff, which relate to the prior art referred to in this
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`supplementation.
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`MM1100007 - MM1100538.
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`Micro Motion’s search for additional documents relating to this prior art
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`continues.
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`This supplementation to Defendants’ Invalidity Contentions is being provided
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`without prejudice to Emerson’s and Micro Motion’s rights and is based on reasonable beliefs and
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`information available prior to completion of fact or expert discovery. As such, Emerson and
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`Micro Motion reserve the right to amend, add, supplement, change, alter, expand, or otherwise
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`modify their Invalidity Contentions as Emerson and Micro Motion learn new information,
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`additional facts are ascertained as discovery progresses in this case, including written discovery,
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`document production, and both fact and expert depositions, analyses are made, research is
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`completed, and additional contentions and elections of asserted claims are made.
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`In addition, because there has been neither an interpretation of any claim elements
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`of the Invensys Patents-in-Suit nor a Markman ruling determining the meaning and scope of any
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`of the claims, Emerson and Micro Motion reserve the right to amend, add, supplement, change,
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`alter, expand, or otherwise modify their Invalidity Contentions, including in response to any
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`Court order and/or the Rules of Practice for Patent Cases before the Eastern District of Texas,
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`including P. R. 3-6.
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`This supplementation to Defendants’ Invalidity Contentions should not be taken
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`as evidence of or construed as an admission that the claim terms of the Invensys Patents-in-Suit
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`have any construction alleged, now or hereafter, by Invensys. However, to the extent that the
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`claim terms of the Invensys Patents-in-Suit have a scope and meaning that is suggested by
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`4836-7050-8059.1
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`2
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`Case 6:12-cv-00799-JRG Document 163-4 Filed 06/10/14 Page 4 of 119 PageID #: 4826
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`Invensys, the claims are anticipated or rendered obvious by the prior art identified and discussed
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`in this supplementation to Defendants’ Invalidity Contentions or otherwise invalid under 35
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`U.S.C. § 112. Based on the information available at this time, the Invensys Patents-in-Suit are
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`invalid under any likely claim construction. Correspondingly, nothing in this supplementation to
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`Defendants’ Invalidity Contentions should be interpreted to mean that Emerson or Micro Motion
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`have adopted a construction of any claim language, or that any claim language requires
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`construction different in any respect from the claim constructions Defendants’ advocated at the
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`Markman hearing.
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`This supplementation supplements, and does not replace, Emerson’s and Micro
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`Motion’s Invalidity Contentions served on September 13, 2013, and Emerson and Micro Motion
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`continue to assert and to reserve the right to rely on all of the references listed in the Exhibits to
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`or discussed in Emerson’s and Micro Motion’s Invalidity Contentions served on September 13,
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`2013 and on the discussion of the reasons why the asserted claims are invalid under section 112
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`of the Patent Statute contained therein to establish the invalidity of the asserted claims of the
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`Invensys Patents-in-Suit. To the extent any reference identified herein is not prior art to the
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`asserted claims of the Invensys Patents-in-Suit, that reference is evidence of simultaneous
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`invention by another.
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`This supplementation to Defendants’ Invalidity Contentions is made solely for the
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`purpose of this action and are subject to all objections as to competence, relevance, materiality,
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`propriety, and admissibility, and to any other objections, which are expressly reserved and may
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`be interposed at the time of trial.
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`With these reservations of rights and subject to Invensys’s preliminary and final
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`election of asserted claims, Emerson and Micro Motion provide the following supplementation
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`4836-7050-8059.1
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`3
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`Case 6:12-cv-00799-JRG Document 163-4 Filed 06/10/14 Page 5 of 119 PageID #: 4827
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`to their prior Invalidity Contentions, which identify how the currently asserted claims of the
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`Invensys Patents-in-Suit are anticipated or rendered obvious by certain prior art evidence which
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`has only recently come to the attention of Defendants’ counsel. Specifically, consistent with P.
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`R. 3-3(a), Exhibit A identifies each supplemental item of prior art that is cited to show
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`anticipation or obviousness of any claim. Consistent with P. R. 3-3(b) and (c), Exhibit B
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`identifies how this prior art anticipates each asserted claim or, in combination with other prior art
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`references, renders the asserted claims obvious, setting forth representative motivations for such
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`combinations.
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`The charts in Exhibit B identify where each element of each asserted claim may
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`be found. Where a single prior art reference includes every element of an asserted claim, that
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`claim is anticipated or rendered obvious under that prior art reference. Where a combination of
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`prior art references includes the elements of an asserted claim, that claim is obvious. If a
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`particular prior art reference is found not to anticipate a particular asserted claim, that reference
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`renders that claim obvious, either alone or in combination with other prior art disclosing the
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`elements allegedly missing from that reference. The inclusion of a prior art reference as part of
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`an obvious combination of prior art references does not preclude application of that prior art
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`reference as a piece of prior art that anticipates or renders obvious without combination, or
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`renders obvious in a different combination.
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`This supplement to Defendants’ Invalidity Contentions incorporates by reference,
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`in their entirety, all references cited in any of the prior art references. In addition, where
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`Emerson and Micro Motion cite to a particular figure in a prior art reference, the citation should
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`be understood to encompass the caption and description of the figure and any text relating to the
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`4836-7050-8059.1
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`Case 6:12-cv-00799-JRG Document 163-4 Filed 06/10/14 Page 6 of 119 PageID #: 4828
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`figure in addition to the figure itself. Where a cited portion of the text refers to a figure, the
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`citation should be understood to include the figure as well.
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`In addition, Emerson and Micro Motion cite to Micro Motion product manuals
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`and other documents descriptive of Micro Motion products, which are anticipating and/or render
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`obvious claims of the Invensys Patents-in-Suit. These product manuals and descriptive
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`documents represent the associated products and product families, such that the associated
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`products and product families also anticipate or render obvious the respective claims. Emerson
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`and Micro Motion reserve the right to use the associated products and product families and
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`related manuals and descriptive documents to show invalidity of any of the asserted claims in
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`subsequent proceedings.
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`In an effort to focus the issues, Emerson and Micro Motion have cited only
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`representative portions of the identified references, even where a reference may contain
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`additional support for a particular claim element. Persons of ordinary skill in the art generally
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`read an item of prior art as a whole and in the context of other publications and literature. Thus,
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`to understand and interpret any specific statement or disclosure within a prior art reference, such
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`persons would rely on other information within the reference, along with other publications,
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`texts, and treatises, and their general scientific knowledge. Emerson and Micro Motion may rely
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`on uncited portions of the prior art references and on other publications and expert testimony to
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`provide context and as aids to understanding and interpreting the portions that are cited. In other
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`words, the Exhibits are provided for illustrative purposes and may not set forth every place in
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`every reference where a claim element is disclosed. Where elements are disclosed at multiple
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`locations within a single item of prior art, Emerson and Micro Motion have not necessarily
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`identified every iteration of every disclosure. In the Exhibits, the absence of an identified
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`4836-7050-8059.1
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`Case 6:12-cv-00799-JRG Document 163-4 Filed 06/10/14 Page 7 of 119 PageID #: 4829
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`location in a reference where a claim or claim element of the Invensys Patents-in-Suit is found
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`should not be deemed an admission by Emerson or Micro Motion that the element is missing
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`from the reference.
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`Moreover, much of the art identified in the Exhibits attached to Defendants’
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`Invalidity Contentions served on September 13, 2013 reflect common knowledge and the state of
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`the art before the filing dates of the Invensys Patents-in-Suit. In many instances where a
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`particular contention calls for combining references, any one of a number of references can be
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`combined. The inclusion of certain exemplary combinations of prior art references does not
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`exclude other combinations based upon the claim charts attached hereto as Exhibit B.
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`In addition to the prior art references set forth in the attached claim charts in
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`Exhibit B, Emerson and Micro Motion reserve the right to cite to and rely on treatises and
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`textbooks as representative of the state of the art, including the state of the art of digital signal
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`processing and control systems identified in Defendants’ Invalidity Contentions served on
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`September 13, 2013.
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`Each of the asserted claims of the Invensys Patents-in-Suit is anticipated by
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`and/or obvious in view of the prior art identified in this supplementation alone or in combination
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`with other prior art references. None of the contentions contained herein shall be construed as an
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`admission that any asserted claim satisfies the requirements of 35 U.S.C. § 112.
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`Respectfully submitted,
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`/s/ Richard S. Florsheim
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`Linda E.B. Hansen, WI Bar No. 1000660
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`Dated: May 24, 2014
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`Guy N. Harrison, State Bar No. 00000077
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`4836-7050-8059.1
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`Case 6:12-cv-00799-JRG Document 163-4 Filed 06/10/14 Page 8 of 119 PageID #: 4830
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`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
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`Attorneys for Defendant Emerson Electric
`Co. and Defendant and Counterclaim-
`Plaintiff Micro Motion, Inc.
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`
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`Harrison Law Firm
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`217 N. Center Street
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`Longview, Texas 75606
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`Phone: (903) 758-7361
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`Fax: (903) 753-9557
`Email: guy@gnhlaw.com and
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`cj-gnharrison@att.net
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`4836-7050-8059.1
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`Case 6:12-cv-00799-JRG Document 163-4 Filed 06/10/14 Page 9 of 119 PageID #: 4831
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`CERTIFICATE OF SERVICE
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`I hereby certify that on May 24, 2014, I served the foregoing document via
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`electronic mail upon all counsel of record.
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`/s/ Richard S. Florsheim
`Richard S. Florsheim
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`4836-7050-8059.1
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`Case 6:12-cv-00799-JRG Document 163-4 Filed 06/10/14 Page 10 of 119 PageID #: 4832
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`EXHIBIT A
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`The Micro Motion Digital Prototype anticipates under Section 102(g) or, in the
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`alternative, alone or in combination with other references, renders the asserted claims of the
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`Invensys Patents-in-Suit obvious under Section 103. For the purpose of Emerson and Micro
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`Motion’s Invalidity Contentions pursuant to P. R. 3-3, the items of prior art are set forth below.
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`Further details as to the presence in the Micro Motion Digital Prototype, alone or in
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`combinations with selected representative items of prior art from this list, of each of the
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`limitations of the asserted claims are provided in Exhibit B.
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`1.
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`The Micro Motion digital prototype described in the following documents and as
`will be described in the testimony of Anthony Pankratz and Howard Derby, which
`was conceived prior to the December 11, 1996 date Invensys claims as the earlier
`conception date for Dr. Henry and reduced to practice prior to the November 26,
`1997 filing date of Invensys’s initial provisional patent application: MM1100007-
`MM1100538. Mr. Pankratz and Mr. Derby were involved in the conception and
`reduction to practice of the Micro Motion Digital prototype. Mr. Derby was acting
`as a consultant to Micro Motion during the period 1994 to 1997 and, in that
`capacity, was involved in designing the schematics and in writing the source code
`and drafting the reports that are included in the documents referenced above. The
`improvements developed by Mr. Derby and Mr. Pankratz were not abandoned,
`suppressed or concealed prior to the dates of invention Invensys has alleged for its
`patents.
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`
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`2.
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`The other prior art previously identified in Exhibit A to Defendants’ September
`13, 2013 invalidity contentions.
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`
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`4811-6514-3067.1
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`

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`Case 6:12-cv-00799-JRG Document 163-4 Filed 06/10/14 Page 11 of 119 PageID #: 4833
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`U.S. Patent No. 7,571,062
`1. A digital flowmeter comprising:
`a vibratable conduit;
`
`
`a driver connected to the conduit
`and operable to impart motion to
`the conduit;
`
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`a sensor connected to the conduit
`and operable to sense the motion of
`the conduit; and
`
`
`Micro Motion Digital Prototype
`The Micro Motion Digital Prototype, alone or in
`combination with the references cited below, renders claim
`1 obvious under 35 U.S.C. § 103.
`
`The Micro Motion Digital Prototype hardware (details of
`which are shown in the Micro Motion Digital Prototype
`Schematic1) was programmed with the Micro Motion
`Digital Prototype Software.2 The functionality of the Micro
`Motion Digital Prototype is further described in the
`Prototype Software Report3 and other Related Documents.4
`It was intended to be and in fact was combined with a
`vibratable flowtube to which a driver and sensors were
`connected to constitute a flowmeter prior to November
`1997.
`
`The Micro Motion Digital Prototype included a digital
`drive circuit having an output for a drive signal
`(“DRIVE_SIG”) designed to be coupled to a driver of a
`flowtube (via “SENSOR_DRV+”, “SENSOR_DRV-”
`through “SENSOR WIRE” 1 and 2, respectively). (See
`Micro Motion Digital Prototype Schematic.) The drive
`signal was designed to impart motion to the flowtube. (See
`Micro Motion Digital Prototype Software.) The Micro
`Motion Digital Prototype was connected to a driver which
`was connected to a vibratable conduit and was operable to
`impart motion to that conduit.
`
`The Micro Motion Digital Prototype included inputs from
`a right differential pickoff and a left differential pickoff
`coupled to the flowtube (through “SENSOR WIRE” 6, 8,
`5, and 9 to “RPO+”, “RPO-”, “LPO+”, “LPO-”,
`respectively) (i.e., “sensor connected to the conduit”). (See
`Micro Motion Digital Prototype Schematic.) Each pickoff
`transduced the motion of the flowtube into electrical
`signals (“RPO+”, “RPO-”, “LPO+”, “LPO-”) from which a
`
`
`1 The Micro Motion Digital Prototype Schematic includes Drawing No. ES-NGT001, Rev. 01, Sheets 1-9, dated
`December 7, 1996 (MM1100252-MM1100260); and Drawing No. ES-NGT003, Rev. 01, Sheets 1-5, dated
`November 13-14, 1996 (MM1100369-MM1100373, with related information in MM1100374 and MM1100375-
`MM1100376).
`2 The Micro Motion Digital Prototype Software includes the code in MM1100365- MM1100368, MM1100385-
`MM1100398, MM1100399- MM1100417 and MM1100480- MM1100508.
`3 The Prototype Software Report includes the report entitled “DSP / 9701 Flowmeter Prototype Software Report”,
`by Howard Derby, dated Apr. 19, 1997 (MM1100509- MM1100538).
`4 Related Documents include: a Design Binder of Howard Derby including notes, calculations, digital drive code
`dated Nov. 12, 1996, and test data dated Dec. 2, 1996 (MM1100418- MM1100479).
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`4818-9344-5403.1
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`1
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`

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`Case 6:12-cv-00799-JRG Document 163-4 Filed 06/10/14 Page 12 of 119 PageID #: 4834
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`U.S. Patent No. 7,571,062
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`a control and measurement system
`connected between the driver and
`the sensor, wherein the control and
`measurement system is configured
`to:
`
`receive a sensor signal from the
`sensor,
`
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`generate a drive signal based on the
`sensor signal using digital signal
`processing, supply the drive signal
`to the driver, and
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`
`Micro Motion Digital Prototype
`frequency and a phase of flowtube oscillation was
`determined (i.e., “operable to sense the motion of the
`conduit”). (See Micro Motion Digital Prototype Software.)
`
`The Micro Motion Digital Prototype included circuitry
`connected between the driver and the sensors, including
`between the pickoff inputs and the drive signal output. (See
`Micro Motion Digital Prototype Schematic.)
`
`
`The Micro Motion Digital Prototype received input signals
`from the pickoffs (i.e., “RPO+”, “RPO-”, “LPO+”, “LPO-
`”). (See Micro Motion Digital Prototype Schematic.)
`
`In the Manus Henry deposition held on May 8, 2014, Dr.
`Henry stated: “Digital signal processing is calculations
`taking place in the digital domain where the digital domain
`is inside a of a computing device of any a processor . . .
`you have numerical values and you have operations to
`generate calculations and a combination of data and
`arithmetical operations results in digital signal
`processing.” (MH dep day 2 (rough)5, 97:15-98:7,
`emphasis added.)
`
`The Micro Motion Digital Prototype used “data and
`arithmetical operations” involving the use of digital
`processors in the generation of the drive signal
`(“DRIVE_SIG”) based on the left pickoff input signals
`(“LPO+”, “LPO-”).
`
`Pickoff signals were converted to digital signals at device
`U21 and provided to digital processor U15, which
`calculated a gain based on one or more properties of the
`pickoff signals, and provided a digital gain to device U3, a
`multiplying digital-to-analog converter (MDAC).
`Additionally, the left pickoff input signals (“LPO+”,
`“LPO-”) were used to generate a drive component
`(‘LPO_DRIVE”) which was provided to the MDAC. The
`MDAC multiplied the drive component (“LPO_DRIVE”)
`by the digital gain, and the result was switched through
`device U9 to the output (i.e., “DRIVE_SIG” output to the
`driver as “SENSOR_DRV+”, “SENSOR_DRV-”). (See
`Micro Motion Digital Prototype Schematic; See also Micro
`
`
`5 References to depositions are references to the rough transcripts.
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`4818-9344-5403.1
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`Case 6:12-cv-00799-JRG Document 163-4 Filed 06/10/14 Page 13 of 119 PageID #: 4835
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`U.S. Patent No. 7,571,062
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`generate a measurement of a
`property of material flowing
`through the conduit based on the
`signal from the sensor;
`
`
`use digital processing to adjust a
`phase of the drive signal to
`compensate for a time delay
`associated with components
`connected between the sensor and
`the driver.
`
`
`Micro Motion Digital Prototype
`Motion Digital Prototype Software; Prototype Software
`Report.)
`
`The Micro Motion Digital Prototype digitally generated
`frequency and phase measurements which were used to
`calculate a mass flow measurement based on left and right
`pickoff input signals (“RPO+”, “RPO-”, “LPO+”, “LPO-
`”). (See Micro Motion Digital Prototype Schematic; See
`also Micro Motion Digital Prototype Software; Prototype
`Software Report.)
`
`Micro Motion’s investigation as to the presence of this
`claim element in the Micro Motion Digital Prototype is
`continuing.
`
`The digital synthesis circuitry for the Micro Motion digital
`prototype is shown in the Micro Motion Digital Prototype
`Schematic. The intended use of that circuitry included that
`discussed in the Related Documents. As these documents
`reflect, Micro Motion conceived of a control and
`measurement system for a Coriolis flow meter that
`included digital circuitry capable of using digital signal
`processing to adjust a phase of the drive signal to
`compensate for time delay associated with components
`connected between the sensor and the driver prior to
`December 11, 1996, and reduced ot practice a ocntorller
`with circuitry capable of that function prior to November
`26, 1997.
`
`The use of digital processing to adjust a phase of the drive
`signal to compensate for a time delay associated with
`components connected between the sensor and the driver in
`a Coriolis flow meter was also disclosed by other prior art
`references disclosed in defendants’ September 2013
`invalidity contentions, including but not limited to those
`listed below, and it would have been obvious to combine
`the known advantages of this known feature into the Micro
`Motion digital prototype that was actually reduce to
`practice prior to November 26, 1997 to achieve the known
`solution and the known advantages of this feature:
`
`U.S. Patent No. 5,555,190 (“Derby”), assigned to Micro
`Motion, especially at, for example, 2:65, 3:1-9, 5:2-3, 12:9-
`14, 14:37-52, 30:7-13, Fig 20
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`4818-9344-5403.1
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`Case 6:12-cv-00799-JRG Document 163-4 Filed 06/10/14 Page 14 of 119 PageID #: 4836
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`U.S. Patent No. 7,571,062
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`Micro Motion Digital Prototype
`
`
`U.S. Patent No. 5,050,439 (“Thompson”), especially at
`2:19-35, 16:11-15, 11:63-65, 12:6-17
`
`U.S. Patent No. 4,934,196 (“Romano”), assigned to Micro
`Motion, especially at, for example, 21:18-19, 22:10-32,
`24:32-60; 25:2-5, 25:26-30, Fig. 3
`
`U.S. Pat. No. 4,799,385 (“Hulsing”), especially at, for
`example, Abstract, 4:68-5:21, 6:42-44, Fig 3.
`
`U.S. Pat. No. 5,231,884 (“Zolock”), assigned to Micro
`Motion, especially at, for example, 2:53-54, 5:42-45,
`11:35-39, 19:20-46 and its references to other Micro
`Motion patents for details of the drive circuit.
`
`U.S. Patent No. 5,009,109 (“Kalotay”), assigned to Micro
`Motion, especially at, for example, 3:40-43, 3:63-66,
`11:27-34, 13:9-33, Fig. 4
`
`U.S. Patent No. 5,804,741 (“Freeman”), especially at, for
`example, 4:60-5:1, 7:43-51 , 8:14-20, 11:8-11, 13:60-65,
`15:20-26
`
`Computer Controlled Systems Theory and Design, Astrom
`and Wittenmark, Prentice-Hall 1984, especially at, for
`example, pp. xiv and 366
`
`Introduction to Continuous and Digital Control Systems,
`Saucedo & Schiring, Macmillan, 1968, especially at pp. vii
`and 412
`
`Manus Henry Dep., day 1 (rough) at 94 (“Compensation
`for phase lag in other contexts is known.”)
`
`The Micro Motion Digital Prototype, alone or in
`combination with the references cited above and below,
`renders claim 12 obvious under 35 U.S.C. § 103.
`
`The Micro Motion Digital Prototype included code that
`adjusted the length of each sensor data set based on the
`resonant frequency of the flowtube such that at least one
`complete cycle of a periodic sensor signal was included in
`each data set. Those computations were made on
`
`12. The digital flowmeter of claim
`1, wherein the sensor signal is
`generally periodic and the control
`and measurement system is
`configured to process the sensor
`signal in sets, wherein each set
`includes data for a complete cycle
`of the periodic sensor signal.
`
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`Case 6:12-cv-00799-JRG Document 163-4 Filed 06/10/14 Page 15 of 119 PageID #: 4837
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`U.S. Patent No. 7,571,062
`
`13. The digital flowmeter of claim
`12, wherein consecutive sets
`include data for overlapping cycles
`of the periodic sensor signal.
`
`
`Micro Motion Digital Prototype
`overlapping data sets every half window. (See Micro
`Motion Digital Prototype Software; Prototype Software
`Report.)
`
`To the extent Invensys were to argue that the Micro
`Motion Digital Prototype did not have the additional
`feature of claim 12, this feature was disclosed by other
`prior art references disclosed in defendants’ September
`2013 invalidity contentions, including but not limited to
`those listed below, and it would have been obvious to
`combine the known advantages of this known feature into
`the Micro Motion Digital Prototype to achieve the known
`solution and the known advantages of this feature:
`
`U.S. Patent No. 5,555,190 (“Derby”), assigned to Micro
`Motion, especially at, for example, 12:1-16
`
`U.S. Patent No. 6,009,109 (“Kalotay”), assigned to Micro
`Motion, especially at, for example, 12:14-31, 14:63-15:12,
`15:42-50
`
`The Micro Motion Digital Prototype, alone or in
`combination with the references cited above and below,
`renders claim 13 obvious under 35 U.S.C. § 103.
`
`The Micro Motion digital prototype included code that
`adjusted the length of each sensor data set based on the
`resonant frequency of the flowtube such that at least one
`complete cycle of a periodic sensor signal was included in
`each data set. Those computations were made on
`overlapping data sets every half window. (See Micro
`Motion Digital Prototype Software; Prototype Software
`Report.)
`
`To the extent Invensys were to argue that the Micro
`Motion Digital Prototype did not have the additional
`feature of claim 13, this feature was disclosed by other
`prior art references disclosed in defendants’ September
`2013 invalidity contentions, including but not limited to
`those listed below, and it would have been obvious to
`combine the known advantages of this known feature into
`the Micro Motion Digital Prototype to achieve the known
`solution and the known advantages of this feature:
`
`
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`Case 6:12-cv-00799-JRG Document 163-4 Filed 06/10/14 Page 16 of 119 PageID #: 4838
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`U.S. Patent No. 7,571,062
`
`23. The digital flowmeter of claim
`1, further comprising a second
`sensor connected to the conduit and
`operable to sense the motion of the
`conduit, wherein the control and
`measurement system comprises:
`a controller configured to generate
`the measurement, a first analog-to-
`digital converter connected between
`the first sensor and the controller
`and configured to provide a first
`digital sensor signal to the
`controller, and a second analog-to-
`digital converter connected between
`the second sensor and the controller
`and configured to provide a second
`digital sensor signal to the
`controller.
`
`
`Micro Motion Digital Prototype
`U.S. Patent No. 5,555,190 (“Derby”), assigned to Micro
`Motion, especially at, for example, 12:1-16, 12:59-63
`
`Digital Signal Processing, Proakis and Manolakis,
`Macmillian Publishing Company, Second Edition, 1992,
`Ex. 1046, preface, p. v., 877-878
`
`The Micro Motion Digital Prototype, alone or in
`combination with the references cited above and below,
`renders claim 23 obvious under 35 U.S.C. § 103.
`
`The Micro Motion Digital Prototype included inputs from
`a right differential pickoff and a left differential pickoff
`coupled to the flowtube (through “SENSOR WIRE” 6, 8,
`5, and 9 to “RPO+”, “RPO-”, “LPO+”, “LPO-”,
`respectively) (i.e., “a second sensor connected to the
`conduit”). (See Micro Motion Digital Prototype
`Schematic.) Each pickoff transduced the motion of the
`flowtube into electrical signals (“RPO+”, “RPO-”,
`“LPO+”, “LPO-”) from which a frequency and a phase of
`flowtube oscillation was determined (i.e., “operable to
`sense the motion of the conduit”). (See Micro Motion
`Digital Prototype Software.)
`
`The Micro Motion Digital Prototype included circuitry
`connected between the pickoff inputs and the drive signal
`output, including digital devices (e.g., U3, U9, U15, U21).
`(See Micro Motion Digital Prototype Schematic.)
`
`Pickoff signals from both sensors were converted to digital
`signals at device U21 (i.e., first and second analog-to-
`digital converters connected between the first and second
`sensors and the controller and configured to provide first
`and second digital sensor signals) and provided to digital
`processor U15 for use in generating a mass flow
`measurement (i.e., “a controller configured to generate the
`measurement”) based on left and right pickoff input signals
`(“RPO+”, “RPO-”, “LPO+”, “LPO-”). (See Micro Motion
`Digital Prototype Schematic; See also Micro Motion
`Digital Prototype Software; Prototype Software Report.)
`
`To the extent Invensys were to argue that the Micro
`Motion Digital Prototype did not have the additional
`feature of claim 23, this feature was disclosed by other
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`Case 6:12-cv-00799-JRG Document 163-4 Filed 06/10/14 Page 17 of 119 PageID #: 4839
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`U.S. Patent No. 7,571,062
`
`24. The digital flowmeter of claim
`1, wherein the control and
`measurement system is configured
`to selectively apply a negative gain
`to the sensor signal to reduce
`motion of the conduit.
`
`Micro Motion Digital Prototype
`prior art references disclosed in defendants’ September
`2013 invalidity contentions, including but not limited to
`those listed below, and it would have been obvious to
`combine the known advantages of this known feature into
`the Micro Motion Digital Prototype to achieve the known
`solution and the known advantages of this feature:
`
`U.S. Patent No. 5,555,190 (“Derby”), assigned to Micro
`Motion, especially at, for example, 8:22-26, 14:25-26, Fig.
`20
`
`U.S. Patent No. 6,009,109 (“Kalotay”), assigned to Micro
`Motion, especially at, for example, 7:50-66, 8:19-24,
`11:51-58, 12:6-39, Fig. 4
`
`U.S. Patent No. 5,804,741 (“Freeman”), especially at, for
`example, Fig. 2
`
`The Micro Motion Digital Prototype, alone or in
`combination with the references cited above and below,
`renders claim 24 obvious under 35 U.S.C. § 103.
`
`While Micro Motion Digital Prototype did not apply an out
`of phase signal to the sensor signal to reduce flowtube
`oscillation, it did selectively attenuate the amplitude of the
`sensor signal to reduce motion of the conduit.
`
`To the extent Invensys were to argue that “applying a
`negative gain” requires applying an out of phase signal, the
`use of such negative gain was a well-known digital signal
`processing technique that was disclosed by other prior art
`references disclosed in defendants’ September 2013
`invalidity contentions, including but not limited to two
`prior art Coriolis flowmeter patents assigned to Micro
`Motion listed below, and it would have been obvious to
`combine the known advantages of this known feature into
`the Micro Motion Digital Prototype to achieve the known
`solution and the known advantages of this feature:
`
`U.S. Patent No. 4,934,196 (“Romano”), assigned to Micro
`Motion, especially at, for example, Fig 4, 25:34-48 and
`25:61-26:2, Fig. 3, 24:35-60
`
`U.S. Patent No. 6,009,109 (“Kalotay”), assigned toMicro
`
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`Case 6:12-cv-00799-JRG Document 163-4 Filed 06/10/14 Page 18 of 119 PageID #: 4840
`
`U.S. Patent No. 7,571,062
`
`25. The digital flowmeter of claim
`1, wherein the control and
`measurement system is configured
`to compensate for zero offset in the
`sensor signal.
`
`
`29. The digital flowmeter of claim
`1, wherein the digital flowmeter
`
`Micro Motion Digital Prototype
`Motion, especially at, for example, 3:47-49, 13:42-64
`
`Operatio