`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`Case No. 6:12-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.
`
`MICRO MOTION, INC.’S AND EMERSON ELECTRIC CO.’S
`NOTICE OF INSTITUTION OF INTER PARTES REVIEW
`
`Micro Motion, Inc. (“Micro Motion”) and Emerson Electric Co. (“Emerson”)
`
`hereby provide notice that the Patent Trial and Appeal Board (“PTAB”) instituted inter partes
`
`reviews of certain of the claims of U.S. Patent Nos. 6,754,594 (claims 1, 3, 4, 6, 8-10, 13, and
`
`14); 7,571,062 (claims 1, 29, 40, and 45); and 8,000,906 (claims 1-3 and 5-9), which are three of
`
`the Invensys Systems, Inc. (“Invensys”) patents-in-suit. (Declaration of Kadie M. Jelenchick,
`
`Exs. A-C.) The PTAB did not institute inter partes review of claim 11 of the ’594 patent and
`
`claims 12, 13, 23-25, 30, 36, and 43 of the ’062 patent.
`
`4843-6423-8620.1
`
`
`
`Case 6:12-cv-00799-JRG Document 206 Filed 08/06/14 Page 2 of 3 PageID #: 5939
`
`Along with its decisions to institute the inter partes reviews, the PTAB issued a
`
`scheduling order that governs each proceeding. (Id. at Ex. D.) Under the scheduling order, an
`
`oral argument is scheduled for March 12, 2015, and the PTAB is statutorily mandated to issue a
`
`final decision regarding the challenged claims’ validity by August 4, 2015. See 35 U.S.C. § 316
`
`(a)(11).
`
`All seven Invensys asserted patents now have inter partes review proceedings
`
`pending. Inter partes review proceedings were instituted for the other four Invensys asserted
`
`patents, U.S. Patent Nos. 7,124,646; 7,136,761; 6,311,136; and 7,505,854, on June 2, 2014. The
`
`PTAB is statutorily mandated to issue a final decision regarding the validity of these patents’
`
`challenged claims by June 2, 2015.
`
`Dated: August 6, 2014
`
`Respectfully submitted,
`
`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
`
`Attorneys for Defendant and Counterclaim-
`Plaintiff Micro Motion, Inc. and Defendant
`Emerson Electric Co.
`
`4843-6423-8620.1
`
`2
`
`
`
`Case 6:12-cv-00799-JRG Document 206 Filed 08/06/14 Page 3 of 3 PageID #: 5940
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on August 6, 2014, I electronically filed the foregoing
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`document with the Clerk of Court using the CM/ECF system which will send notification of such
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`filing via electronic mail to all counsel of record.
`
`/s/ Kadie M. Jelenchick
`Kadie M. Jelenchick
`
`4843-6423-8620.1
`
`3
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