`
`IN THE UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`Case No. 12-CV-00799-LED
`
`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 RICHARD S. FLORSHEIM
`
`Pursuant to 28 U.S.C. § 1746, I, Richard S. Florsheim, declare as follows:
`
`1.
`
`I am a partner in the law firm of Foley & Lardner LLP and am a member of the
`
`team representing Emerson and Micro Motion in the above captioned matter. I submit this
`
`declaration in support of Micro Motion's and Emerson's Reply Brief in support of their Motion
`
`for Leave to Supplement Invalidity Contentions.
`
`2.
`
`Attached as Exhibit D (filed under seal) is a true and correct copy of excerpted
`
`pages from the transcript of the deposition of Richard Maginnis dated June 13, 2014.
`
`4833-1 784-9628 1
`
`
`
`Case 6:12-cv-00799-JRG Document 180-1 Filed 07/10/14 Page 2 of 3 PageID #: 5299
`
`3.
`
`Recently, during June 12 th through June 16th—which was after the June 10, 2014
`
`filing date of Micro Motion, Inc.'s and Emerson Electric Co.'s Motion for Leave to Supplement
`
`Invalidity Contentions (Dkt. No. 163) — counsel for Micro Motion obtained documents from
`
`third party Southwest Research Institute ("SWRI") which show that a prior art digital prototype
`
`provided by Micro Motion was used at SWRI in June, 1996—which was more than one year
`
`before Invensys's first patent application was filed. Those documents are attached as Exhibit E
`
`(filed under seal) and as Exhibit F (filed under seal).
`
`4.
`
`The foregoing documents received from SWRI were produced to counsel for
`
`Invensys on June 18 th—within a few days of when they were furnish by SWRI. Likewise,
`
`additional documents have continued to be produced to counsel for Invensys as they have been
`
`uncovered, including documents retrieved from old hard drives of Howard Derby (to be
`
`produced on today).
`
`5.
`
`Attached as Exhibit G (filed under seal) is a true and correct copy of excerpted
`
`pages from the "unedited" rough draft transcript of the deposition of Bob Jones dated July 1,
`
`2014.
`
`6.
`
`Attached as Exhibit H (filed under seal) is a true and correct copy of an excerpt of
`
`Invensys's privilege log dated January 21, 2014 identifying Document Number 102 dated
`
`August 15, 2006 as a "Presentation reflecting analysis of Micro Motion prepared at the direction
`
`of counsel."
`
`7.
`
`Attached as Exhibit I (filed under seal) is a true and correct copy of an excerpt of
`
`Manus Henry's privilege log dated January 20, 2014 identifying Document Number 91 dated
`
`June 30, 2004 as "Notes regarding Micro Motion products prepared in anticipation of litigation
`
`at the request of counsel."
`
`4833-1 784-9628 1
`
`2
`
`
`
`Case 6:12-cv-00799-JRG Document 180-1 Filed 07/10/14 Page 3 of 3 PageID #: 5300
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Dated: July 7, 2014
`
`Milwaukee, Wisconsin
`
`4833-1784-9628 1
`
`3
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
