Case 6:12-cv-00799-JRG Document 166 Filed 06/24/14 Page 1 of 6 PageID #: 4961
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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 SECOND
`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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`4825-9955-8683.
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`

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`Case 6:12-cv-00799-JRG Document 166 Filed 06/24/14 Page 2 of 6 PageID #: 4962
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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 Second
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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. Emerson and Micro
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`Motion made a previous application for issuance of a Letter of Request, (Dkt. No. 133), which
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`was granted by this Court, (Dkt. No. 146), and now make this second request as a result of
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`interaction with the United Kingdom’s Examining Authority who indicated that the scope of the
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`request should be narrowed. The reasons for this second request are summarized below.
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`Emerson and Micro Motion have learned that the University of Oxford has information
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`relevant to this litigation. Specifically, it has been made known that each of the seven claimed
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`patented inventions asserted by Invensys were conceived, developed, and/or reduced to practice
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`through a relationship between Invensys and the University of Oxford. In addition, the relevant
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`work performed by certain of the alleged co-inventors of the asserted Invensys patents was
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`performed during their employment and research time with the University of Oxford. However,
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`the University of Oxford has not produced any documents in this case despite requests directed
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`to Invensys for documents from the University.
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`Emerson and Micro Motion understand that the University of Oxford cannot be
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`compelled to provide evidence in the absence of compliance with the Hague Convention.
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`Accordingly, Emerson and Micro Motion request that this Court issue the accompanying Letter
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`of Request, and that the executed Letter of Request be returned to counsel for Emerson and
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`2
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`Case 6:12-cv-00799-JRG Document 166 Filed 06/24/14 Page 3 of 6 PageID #: 4963
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`Micro Motion for delivery to the proper authorities in the United Kingdom under the appropriate
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`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 University of
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`Oxford. Invensys has indicated that such information must be acquired through use of the Hague
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`Convention.
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`3
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`

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`Case 6:12-cv-00799-JRG Document 166 Filed 06/24/14 Page 4 of 6 PageID #: 4964
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`Dated: June 24, 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
`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
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`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 166 Filed 06/24/14 Page 5 of 6 PageID #: 4965
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`CERTIFICATE OF CONFERENCE
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`As indicated in the First Application, I, Kadie M. Jelenchick, counsel for Defendant
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`Emerson Electric Co. and Defendant and Counterclaim-Plaintiff Micro Motion, Inc., hereby
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`certify that I previously consulted with counsel for Plaintiff and Counterclaim-Defendant
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`Invensys Systems, Inc. in an attempt to avoid making the request discussed herein. These
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`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 166 Filed 06/24/14 Page 6 of 6 PageID #: 4966
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`CERTIFICATE OF SERVICE
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`I hereby certify that on June 24, 2014, I electronically filed the foregoing document with
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`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