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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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`INVENSYS SYSTEMS, INC.,
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`Counterclaim-Defendant.
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`DECLARATION OF JASON A. BERTA
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`I, Jason A Berta, do hereby declare as follows:
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`1.
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`I am an attorney with the firm Foley & Lardner LLP, counsel for Micro Motion
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`Inc. and Emerson Electric Co. in the above-captioned matter. I submit this declaration in support
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`of Emerson Electric Co.’s and Micro Motion, Inc.’s Motion to Compel the Production of the
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`Dickson Presentation and All Other Documents Relating to Invensys License Revenue
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`Projections (the “Motion”).
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`2.
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`Attached as Exhibit A is a true and correct copy of Defendant/Counter-Plaintiff
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`Shore Chan DePumpo’s Response to Invensys’s Motion to Compel Responses to Discovery filed
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`4847-5183-9516
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`Case 6:12-cv-00799-JRG Document 172-1 Filed 06/30/14 Page 2 of 2 PageID #: 5231
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`by Shore Chan DePumpo LLP on November 12, 2013 in the state court case captioned as
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`follows: The Chancellor, Masters and Scholars of the Univ. of Oxford and Invensys Sys., Inc. v.
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`Shore Chan Depumpo LLP, Case No. 13-01668, 192nd Judicial Dist., Dallas County, Texas (the
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`“Shore Chan Lawsuit”).
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`3.
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`Attached as Exhibit B is a true and correct copy of Defendant’s Fourth Amended
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`Answer, Affirmative Defenses, and Counterclaims filed by Shore Chan DePumpo LLP on
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`November 12, 2013 in the Shore Chan Lawsuit.
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`4.
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`Attached as Exhibit C (filed under seal) is a true and correct copy of Invensys’s
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`February 21, 2014 Privilege Log produced in the above-captioned litigation.
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`5.
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`Attached as Exhibit D is a true and correct letter dated June 4, 2014 sent by
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`counsel for Defendants to counsel for Invensys regarding the waiver of privilege issue which is
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`the subject of the Motion.
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`6.
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`I have reviewed the electronic docket of the Shore Chan Lawsuit that is available
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`at http://courts.dallascounty.org. According to the electronic docket, on April 9, 2014, the 192nd
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`District Court entered the Parties’ Agreed Motion to Dismiss With Prejudice. Attached as
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`Exhibit E is a true and correct copy of the April 9, 2014 Order dismissing the Shore Chan
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`Lawsuit.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Dated: June 30, 2014
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`Respectfully submitted,
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`/s/ Jason A. Berta
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`Jason A. Berta, IL Bar No. 6295888
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`Foley & Lardner LLP
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`321 North Clark Street, Suite 2800
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`Chicago, Illinois 60654
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`Phone: (312) 832-4500
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`Fax: (312) 832-4700
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`Email: jberta@foley.com
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`2
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