Case 6:12-cv-00799-JRG Document 25 Filed 01/31/13 Page 1 of 26 PageID #: 470
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`C.A. No. 6:12-cv-00799-LED
`
`JURY TRIAL DEMANDED
`
`§§
`
`§
`
`§§
`
`§
`
`§§
`
`§
`
`INVENSYS SYSTEMS, INC.,
`
`v.
`
`Plaintiff,
`
`EMERSON ELECTRIC CO. and
`MICRO MOTION INC.,
`
`Defendants.
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT
`
`Invensys Systems, Inc. (“Invensys”), brings this action under the patent laws of the
`
`United States (Title 35, United States Code, §§ 1-376) against Emerson Electric Company
`
`(“Emerson”) and Micro Motion Inc. (“Micro Motion”) for infringement of U.S. Patent Nos.
`
`7,124,646, 7,136,761, 6,311,136, 7,505,854, 6,754,594, 7,571,062, and 8,000,906 (collectively,
`
`the “patents-in-suit”).
`
`PARTIES
`
`1.
`
`Invensys Systems, Inc., is a Massachusetts corporation.
`
`Invensys Systems, Inc.,
`
`through its operating division Invensys Operations Management, has a principal place of busi-
`
`ness at 10900 Equity Drive, Houston, Texas 77041, and does business in and has facilities in this
`
`District,
`
`including an office in Plano.
`
`Invensys Systems, Inc., and Invensys Operations
`
`Management are referred to herein as “Invensys.”
`
`2.
`
`Emerson Electric Company is a Missouri corporation with its principal place of
`
`business at 8000 W. Florissant Ave., St. Louis, Missouri. Emerson Electric Company through its
`
`Division, Emerson Process Management, does business in and has facilities in this District.
`
`Emerson and Emerson Process Management are referred to herein as “Emerson.”
`
`EAST\54869292
`
`1
`
`

`
`Case 6:12-cv-00799-JRG Document 25 Filed 01/31/13 Page 2 of 26 PageID #: 471
`
`3.
`
`Micro Motion Inc., USA is a Colorado corporation with its principal place of
`
`business at 7070 Winchester Circle, Boulder, Colorado 80301-3506. Upon information and
`
`belief, Micro Motion is an incorporated division and/or wholly owned subsidiary of Emerson,
`
`and Micro Motion’s products, including those accused of infringement herein, are sold, offered
`
`for sale and used in this District.
`
`JURISDICTION
`
`4.
`
`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
`
`1338(a) because this action concerns a federal question relating to patents arising under Title 35
`
`of the United States Code.
`
`5.
`
`This Court has personal jurisdiction over Emerson. Upon information and belief,
`
`Emerson conducts business in this State and is making, using, selling, importing, and/or offering
`
`for sale (and has, within a reasonable period prior to the filing of this action made, used, sold,
`
`imported and/or offered to sell) infringing products, including but not limited to (i) Coriolis
`
`Meters (e.g., Micro Motion® Elite® Coriolis Meters) containing a Micro Motion transmitter
`
`with a Micro Motion enhanced core processor (e.g., Micro Motion Model 2400S, 1700, 2700 and
`
`Series 3000 transmitters) or any substantially similar component, and/or (ii) components of the
`
`aforementioned Coriolis Meters, including, but not limited to, a Micro Motion transmitter with a
`
`Micro Motion enhanced core processor (e.g., Micro Motion Model 2400S, 1700, 2700 and Series
`
`3000 transmitters) or any substantially similar component, to customers in this State and in this
`
`District, either directly or indirectly through distributors or other means. Upon information and
`
`belief, Emerson has placed infringing products into the stream of commerce, knowing or
`
`reasonably expecting that such products will be used, sold, or offered for sale in this State and in
`
`EAST\54869292
`
`2
`
`

`
`Case 6:12-cv-00799-JRG Document 25 Filed 01/31/13 Page 3 of 26 PageID #: 472
`
`this District. Upon information and belief, Emerson has intentionally established distribution
`
`channels to offer for sale and to sell the infringing products in this State and this District.
`
`6.
`
`This Court has personal jurisdiction over Micro Motion. Upon information and
`
`belief, Micro Motion conducts business in this State and is making, using, selling, importing,
`
`and/or offering for sale (and has within a reasonable period prior to the filing of this action made,
`
`used, sold, imported and/or offered to sell) infringing products, including but not limited to (i)
`
`Coriolis Meters (e.g., Micro Motion® Elite® Coriolis Meters) containing a Micro Motion
`
`transmitter with a Micro Motion enhanced core processor (e.g., Micro Motion Model 2400S,
`
`1700, 2700 and Series 3000 transmitters) or any substantially similar component, and/or (ii)
`
`components of the aforementioned Coriolis Meters, including, but not limited to, a Micro Motion
`
`transmitter with a Micro Motion enhanced core processor (e.g., Micro Motion Model 2400S,
`
`1700, 2700 and Series 3000 transmitters) or any substantially similar component, to customers in
`
`this State and in this District, either directly or indirectly. Upon information and belief, Micro
`
`Motion has placed infringing products into the stream of commerce, knowing or reasonably
`
`expecting that such products will be used, sold, or offered to be sold in this State and in this
`
`District. Upon information and belief, Micro Motion has intentionally established distribution
`
`channels to offer for sale and to sell the infringing products in this State and this District.
`
`VENUE
`
`7.
`
`Venue is proper in this Court under 28 U.S.C. §1400(b) because Emerson and
`
`Micro Motion reside in this District. In addition, venue is proper in this Court under 28 U.S.C.
`
`§§ 1391(b)-(c) because Emerson and Micro Motion reside in this District and/or a substantial
`
`part of the events or omissions giving rise to the claims occurred in this District.
`
`EAST\54869292
`
`3
`
`

`
`Case 6:12-cv-00799-JRG Document 25 Filed 01/31/13 Page 4 of 26 PageID #: 473
`
`BACKGROUND
`
`8.
`
`Invensys develops and applies advanced technologies that enable the world’s
`
`manufacturing and energy-generating facilities, mainline and mass transit rail networks, and
`
`appliances to operate safely and in an energy-efficient manner. Among the technologies that
`
`Invensys has developed is the digital Coriolis flowmeter. Digital Coriolis flowmeters provide
`
`precise measurements of the mass flow rate of liquids, and have particular utility (and satisfied a
`
`long-felt industrial need) in measuring liquid mass flow in two phase (gas and liquid combined)
`
`or multi-phase settings. They are used in a variety of industries, including oil and gas, petro-
`
`chemical, and food and beverage.
`
`9.
`
`Invensys has been and is currently selling products incorporating its digital
`
`Coriolis flowmeter technologies.
`
`Invensys has marked its products with the numbers of the
`
`patents-in-suit.
`
`10.
`
`Upon information and belief, Micro Motion is an incorporated division and/or
`
`wholly owned subsidiary of Emerson. Micro Motion is a direct competitor of Invensys in the
`
`digital Coriolis flowmeter market. Although Micro Motion initially discounted the feasibility of
`
`Coriolis flowmeters that could measure two-phase flow, in 2006, Micro Motion released Coriolis
`
`Meters and components thereof having a Micro Motion enhanced core processor, including, but
`
`not limited to, Micro Motion® Elite® Coriolis Meters, which claimed to measure two-phase flow.
`
`These products incorporate technology covered by a number of Invensys’ patents.
`
`11.
`
`Invensys Operations Management, the operating division that sells digital Coriolis
`
`flowmeters, has an office and a service center in this District. Both Micro Motion and Emerson
`
`have facilities in this District.
`
`Invensys sells to customers in this District through sales
`
`EAST\54869292
`
`4
`
`

`
`Case 6:12-cv-00799-JRG Document 25 Filed 01/31/13 Page 5 of 26 PageID #: 474
`
`representatives with offices in this District and directly competes with Micro Motion in the
`
`digital Coriolis flowmeter market in this District.
`
`FIRST CLAIM
`
`(Patent Infringement of the ’646 Patent)
`
`12.
`
`13.
`
`The allegations of paragraphs 1-11 are incorporated herein by reference.
`
`Invensys is the sole owner of United States Patent No. 7,124,646, titled “Correct-
`
`ing for Two-Phase Flow in Digital Flowmeter” (“the ’646 Patent”). The ’646 Patent was duly
`
`and legally issued on October 24, 2006, to Manus P. Henry and Maria Jesus De La Fuente and
`
`was assigned to Invensys. A copy of the ’646 patent is attached to this Complaint as Exhibit A.
`
`14.
`
`Defendants Micro Motion and Emerson have been and currently are infringing,
`
`either literally or under the doctrine of equivalents, the ’646 Patent by, among other things: (1)
`
`making, using, selling, importing, and/or offering for sale, within the territorial boundaries of the
`
`United States, products that are covered by one or more claims of the ’646 Patent, including but
`
`not limited to (i) Coriolis Meters (e.g., Micro Motion® Elite® Coriolis Meters) containing a
`
`Micro Motion transmitter with a Micro Motion enhanced core processor (e.g., Micro Motion
`
`Model 2400S, 1700, 2700 and Series 3000 transmitters) or any substantially similar component,
`
`and/or (ii) components of the aforementioned Coriolis Meters, including, but not limited to, a
`
`Micro Motion transmitter with a Micro Motion enhanced core processor (e.g., Micro Motion
`
`Model 2400S, 1700, 2700 and Series 3000 transmitters) or any substantially similar component;
`
`(2) contributing to the making, using, selling, importing, and/or offering for sale, within the
`
`territorial boundaries of the United States, of products that are covered by one or more claims of
`
`the ’646 Patent by selling a material component of the patented invention that does not have
`
`substantial non-infringing uses, including but not limited to (i) Coriolis Meters (e.g., Micro
`
`EAST\54869292
`
`5
`
`

`
`Case 6:12-cv-00799-JRG Document 25 Filed 01/31/13 Page 6 of 26 PageID #: 475
`
`Motion® Elite® Coriolis Meters) containing a Micro Motion transmitter with a Micro Motion
`
`enhanced core processor (e.g., Micro Motion Model 2400S, 1700, 2700 and Series 3000
`
`transmitters) or any substantially similar component, and/or
`
`(ii) components of
`
`the
`
`aforementioned Coriolis Meters, including, but not limited to, a Micro Motion transmitter with a
`
`Micro Motion enhanced core processor (e.g., Micro Motion Model 2400S, 1700, 2700 and Series
`
`3000 transmitters) or any substantially similar component, with knowledge that it will be used in
`
`the infringement of the ’646 Patent; and/or (3) inducing its customers, distributors and others in
`
`the chain of distribution to make, use, sell, import and/or offer for sale products that are covered
`
`by one or more claims of the ’646 Patent, including but not limited to (i) Coriolis Meters (e.g.,
`
`Micro Motion® Elite® Coriolis Meters) containing a Micro Motion transmitter with a Micro
`
`Motion enhanced core processor (e.g., Micro Motion Model 2400S, 1700, 2700 and Series 3000
`
`transmitters) or any substantially similar component, and/or
`
`(ii) components of
`
`the
`
`aforementioned Coriolis Meters, including, but not limited to, a Micro Motion transmitter with a
`
`Micro Motion enhanced core processor (e.g., Micro Motion Model 2400S, 1700, 2700 and Series
`
`3000 transmitters) or any substantially similar component, with knowledge of and intent that its
`
`customers, distributors and others in the chain of distribution infringe the ’646 Patent.
`
`15.
`
`Defendants Micro Motion’s and Emerson’s infringement, contributory infringe-
`
`ment, and/or inducement to infringe has injured Invensys, and Invensys is entitled to recover
`
`damages adequate to compensate it for such infringement. Because Defendants’ infringement
`
`has caused Invensys to lose sales and has eroded the price of Invensys’s digital Coriolis flow-
`
`meters, Invensys is entitled to recover lost profits. Alternatively or in addition, Invensys is
`
`entitled to recover a reasonable royalty.
`
`EAST\54869292
`
`6
`
`

`
`Case 6:12-cv-00799-JRG Document 25 Filed 01/31/13 Page 7 of 26 PageID #: 476
`
`16.
`
`Defendants Micro Motion and Emerson know and have known (including but not
`
`limited to since the filing date of this lawsuit), that the ‘646 Patent was duly issued and assigned
`
`to Invensys and have proceeded with an objectively reckless disregard for Invensys’s patent
`
`rights, without a sound or good faith basis to believe they had a right to continue their unlicensed
`
`making, using, selling, importing and/or offering for sale of the infringing products. For
`
`example, Micro Motion and/or Emerson cited to the U.S. Patent and Trademark Office
`
`(“USPTO”) in at least one Information Disclosure Statements (“IDS”) one or more Invensys
`
`assigned patents that are parents of the ’646 Patent as well as other patents or applications that
`
`are in the ’646 Patent’s family. As a result of Micro Motion’s and Emerson’s willful and
`
`deliberate misconduct, Invensys seeks an enhancement of its damages up to three times the
`
`amount found or assessed pursuant to 35 U.S.C. § 284.
`
`17.
`
`Defendants Micro Motion’s and Emerson’s infringement of the ’646 Patent has
`
`caused and will continue to cause Invensys irreparable harm, for which there is no adequate
`
`remedy at law, unless enjoined by this Court.
`
`SECOND CLAIM
`
`(Patent Infringement of the ’761 Patent)
`
`18.
`
`19.
`
`The allegations of paragraphs 1-17 are incorporated herein by reference.
`
`Invensys is the sole owner of United States Patent No. 7,136,761, titled “Digital
`
`Flowmeter” (“the ’761 Patent”). The ‘761 Patent was duly and legally issued on November 14,
`
`2006, to Manus P. Henry, David W. Clarke, and James H. Vignos and was assigned to Invensys.
`
`A copy of the ’761 Patent is attached to this Complaint as Exhibit B.
`
`20.
`
`Defendants Micro Motion and Emerson have been and currently are infringing,
`
`either literally or under the doctrine of equivalents, the ’761 Patent by, among other things: (1)
`
`EAST\54869292
`
`7
`
`

`
`Case 6:12-cv-00799-JRG Document 25 Filed 01/31/13 Page 8 of 26 PageID #: 477
`
`making, using, selling, importing, and/or offering for sale, within the territorial boundaries of the
`
`United States, products that are covered by one or more claims of the ’761 Patent, including but
`
`not limited to (i) Coriolis Meters (e.g., Micro Motion® Elite® Coriolis Meters) containing a
`
`Micro Motion transmitter with a Micro Motion enhanced core processor (e.g., Micro Motion
`
`Model 2400S, 1700, 2700 and Series 3000 transmitters) or any substantially similar component,
`
`and/or (ii) components of the aforementioned Coriolis Meters, including, but not limited to, a
`
`Micro Motion transmitter with a Micro Motion enhanced core processor (e.g., Micro Motion
`
`Model 2400S, 1700, 2700 and Series 3000 transmitters) or any substantially similar component;
`
`(2) contributing to the making, using, selling, importing, and/or offering for sale, within the
`
`territorial boundaries of the United States, of products that are covered by one or more claims of
`
`the ’761 Patent by selling a material component of the patented invention that does not have
`
`substantial non-infringing uses, including but not limited to (i) Coriolis Meters (e.g., Micro
`
`Motion® Elite® Coriolis Meters) containing a Micro Motion transmitter with a Micro Motion
`
`enhanced core processor (e.g., Micro Motion Model 2400S, 1700, 2700 and Series 3000
`
`transmitters) or any substantially similar component, and/or
`
`(ii) components of
`
`the
`
`aforementioned Coriolis Meters, including, but not limited to, a Micro Motion transmitter with a
`
`Micro Motion enhanced core processor (e.g., Micro Motion Model 2400S, 1700, 2700 and Series
`
`3000 transmitters) or any substantially similar component, with knowledge that it will be used in
`
`the infringement of the ’761 Patent; or (3) inducing its customers, distributors and others in the
`
`chain of distribution to make, use, sell, import and/or offer for sale products that are covered by
`
`one or more claims of the ’761 Patent, including but not limited to (i) Coriolis Meters (e.g.,
`
`Micro Motion® Elite® Coriolis Meters) containing a Micro Motion transmitter with a Micro
`
`Motion enhanced core processor (e.g., Micro Motion Model 2400S, 1700, 2700 and Series 3000
`
`EAST\54869292
`
`8
`
`

`
`Case 6:12-cv-00799-JRG Document 25 Filed 01/31/13 Page 9 of 26 PageID #: 478
`
`transmitters) or any substantially similar component, and/or
`
`(ii) components of
`
`the
`
`aforementioned Coriolis Meters, including, but not limited to, a Micro Motion transmitter with a
`
`Micro Motion enhanced core processor (e.g., Micro Motion Model 2400S, 1700, 2700 and Series
`
`3000 transmitters) or any substantially similar component, with knowledge of and intent that its
`
`customers, distributors and others in the chain of distribution infringe the ’761 Patent.
`
`21.
`
`Defendants Micro Motion’s and Emerson’s infringement, contributory infringe-
`
`ment, and/or inducement to infringe has injured Invensys, and Invensys is entitled to recover
`
`damages adequate to compensate it for such infringement. Because Defendants’ infringement
`
`has caused Invensys to lose sales and has eroded the price of Invensys’s digital Coriolis flow-
`
`meters, Invensys is entitled to recover lost profits. Alternatively or in addition, Invensys is
`
`entitled to recover a reasonable royalty.
`
`22.
`
`Defendants Micro Motion and Emerson know and have known (including but not
`
`limited to since the filing date of this lawsuit), that the ‘761 Patent was duly issued and assigned
`
`to Invensys and have proceeded with an objectively reckless disregard for Invensys’s patent
`
`rights, without a sound or good faith basis to believe they had a right to continue their unlicensed
`
`making, using, selling, importing and/or offering for sale of the infringing products. For
`
`example, Micro Motion and/or Emerson cited to the USPTO in at least one IDS one or more
`
`Invensys assigned patents that are parents of the ’761 Patent as well as other patents or
`
`applications that are in the ’761 Patent’s family. As a result of Micro Motion’s and Emerson’s
`
`willful and deliberate misconduct, Invensys seeks an enhancement of its damages up to three
`
`times the amount found or assessed pursuant to 35 U.S.C. § 284.
`
`EAST\54869292
`
`9
`
`

`
`Case 6:12-cv-00799-JRG Document 25 Filed 01/31/13 Page 10 of 26 PageID #: 479
`
`23.
`
`Defendants Micro Motion’s and Emerson’s infringement of the ’761 Patent has
`
`caused and will continue to cause Invensys irreparable harm, for which there is no adequate
`
`remedy at law, unless enjoined by this Court.
`
`THIRD CLAIM
`
`(Patent Infringement of the ’136 Patent)
`
`24.
`
`25.
`
`The allegations of paragraphs 1-23 are incorporated herein by reference.
`
`Invensys is the sole owner of United States Patent No. 6,311,136, titled “Digital
`
`Flowmeter” (“the ’136 Patent”). The ’136 Patent was duly and legally issued on October 30,
`
`2001, to Manus P. Henry, David W. Clarke, and James H. Vignos and was assigned to Invensys.
`
`A copy of the ’136 Patent is attached to this Complaint as Exhibit C.
`
`26.
`
`Defendants Micro Motion and Emerson have been and currently are infringing,
`
`either literally or under the doctrine of equivalents, the ’136 Patent by, among other things: (1)
`
`making, using, selling, importing, and/or offering for sale, within the territorial boundaries of the
`
`United States, products that are covered by one or more claims of the ’136 Patent, including but
`
`not limited to (i) Coriolis Meters (e.g., Micro Motion® Elite® Coriolis Meters) containing a
`
`Micro Motion transmitter with a Micro Motion enhanced core processor (e.g., Micro Motion
`
`Model 2400S, 1700, 2700 and Series 3000 transmitters) or any substantially similar component,
`
`and/or (ii) components of the aforementioned Coriolis Meters, including, but not limited to, a
`
`Micro Motion transmitter with a Micro Motion enhanced core processor (e.g., Micro Motion
`
`Model 2400S, 1700, 2700 and Series 3000 transmitters) or any substantially similar component;
`
`(2) contributing to the making, using, selling, importing, and/or offering for sale, within the
`
`territorial boundaries of the United States, of products that are covered by one or more claims of
`
`the ’136 Patent by selling a material component of the patented invention that does not have sub-
`
`EAST\54869292
`
`10
`
`

`
`Case 6:12-cv-00799-JRG Document 25 Filed 01/31/13 Page 11 of 26 PageID #: 480
`
`stantial non-infringing uses,
`
`including but not
`
`limited to (i) Coriolis Meters (e.g., Micro
`
`Motion® Elite® Coriolis Meters) containing a Micro Motion transmitter with a Micro Motion
`
`enhanced core processor (e.g., Micro Motion Model 2400S, 1700, 2700 and Series 3000
`
`transmitters) or any substantially similar component, and/or
`
`(ii) components of
`
`the
`
`aforementioned Coriolis Meters, including, but not limited to, a Micro Motion transmitter with a
`
`Micro Motion enhanced core processor (e.g., Micro Motion Model 2400S, 1700, 2700 and Series
`
`3000 transmitters) or any substantially similar component, with knowledge that it will be used in
`
`the infringement of the ’136 Patent; or (3) inducing its customers, distributors and others in the
`
`chain of distribution to make, use, sell, import and/or offer for sale products that are covered by
`
`one or more claims of the ’136 Patent, including but not limited to (i) Coriolis Meters (e.g.,
`
`Micro Motion® Elite® Coriolis Meters) containing a Micro Motion transmitter with a Micro
`
`Motion enhanced core processor (e.g., Micro Motion Model 2400S, 1700, 2700 and Series 3000
`
`transmitters) or any substantially similar component, and/or
`
`(ii) components of
`
`the
`
`aforementioned Coriolis Meters, including, but not limited to, a Micro Motion transmitter with a
`
`Micro Motion enhanced core processor (e.g., Micro Motion Model 2400S, 1700, 2700 and Series
`
`3000 transmitters) or any substantially similar component, with knowledge of and intent that its
`
`customers, distributors and others in the chain of distribution infringe the ’136 Patent.
`
`27.
`
`Defendants Micro Motion’s and Emerson’s infringement, contributory infringe-
`
`ment, and/or inducement to infringe has injured Invensys, and Invensys is entitled to recover
`
`damages adequate to compensate it for such infringement. Because Defendants’ infringement
`
`has caused Invensys to lose sales and has eroded the price of Invensys’s digital Coriolis flow-
`
`meters, Invensys is entitled to recover lost profits. Alternatively or in addition, Invensys is
`
`entitled to recover a reasonable royalty.
`
`EAST\54869292
`
`11
`
`

`
`Case 6:12-cv-00799-JRG Document 25 Filed 01/31/13 Page 12 of 26 PageID #: 481
`
`28.
`
`Defendants Micro Motion and Emerson know and have known (including but not
`
`limited to since the filing date of this lawsuit), that the ‘136 Patent was duly issued to Invensys
`
`and have proceeded with an objectively reckless disregard for Invensys’s patent rights, without a
`
`sound or good faith basis to believe they had a right to continue their unlicensed making, using,
`
`selling, importing and/or offering for sale of the infringing products. Moreover, at least the
`
`following U.S. Patents assigned to Micro Motion or Emerson cite the ‘136 Patent as prior art in
`
`the References Cited section: 8,063,694 (“the ’694 Patent”); 7,974,792 (“the ’792 Patent”);
`
`7,293,470 (“the ’470 Patent”); 6,606,917; 6,487,507; and RE43,288 E.
`
`29.
`
`On March 3, 2006, during prosecution of U.S. Patent No. 7,114,517 (the “’517
`
`Patent”), Micro Motion and/or Emerson cited the ’136 Patent on an IDS submitted to the
`
`USPTO. RE43,288 is a reissue of the ‘517 Patent. An assignment of the ’517 Patent to Emerson
`
`was recorded with the USPTO on November 21, 2001.
`
`30.
`
`On March 8, 2006, during prosecution of the ’470 Patent, Micro Motion and/or
`
`Emerson cited the ’136 Patent and U.S. Patent Application No. 2003/0154804 (“the ’4804
`
`Application”), which is in the same family as the ’136 Patent, on an IDS submitted to the
`
`USPTO. That same day, an assignment of the ’470 Patent to Micro Motion was recorded with
`
`the USPTO.
`
`31.
`
`On September 11, 2007, during prosecution of the ’792 Patent, Micro Motion
`
`and/or Emerson listed the ’136 Patent on an IDS submitted to the USPTO. That same day, an
`
`assignment of the ’792 Patent to Micro Motion was recorded with the USPTO.
`
`32.
`
`On October 15, 2008, during prosecution of the ’694 Patent, Micro Motion and/or
`
`Emerson listed the ’136 Patent on an IDS submitted to the USPTO. That same day, an
`
`assignment of the ’694 Patent to Micro Motion was recorded with the USPTO.
`
`EAST\54869292
`
`12
`
`

`
`Case 6:12-cv-00799-JRG Document 25 Filed 01/31/13 Page 13 of 26 PageID #: 482
`
`33.
`
`Additionally, in connection with Emerson and/or Micro Motion’s prosecution of
`
`one or more other patent applications assigned to Micro Motion or Emerson, Micro Motion
`
`and/or Emerson cited one or more patents or applications that are in the same family as the ’136
`
`Patent.
`
`34.
`
`As a result of Micro Motion’s and Emerson’s willful and deliberate misconduct,
`
`Invensys seeks an enhancement of its damages up to three times the amount found or assessed
`
`pursuant to 35 U.S.C. § 284.
`
`35.
`
`Defendants Micro Motion’s and Emerson’s infringement of the ’136 Patent has
`
`caused and will continue to cause irreparable harm, for which there is no adequate remedy at
`
`law, unless enjoined by this Court.
`
`FOURTH CLAIM
`
`(Patent Infringement of the ’854 Patent)
`
`36.
`
`37.
`
`The allegations of paragraphs 1-35 are incorporated herein by reference.
`
`Invensys is the sole owner of United States Patent No. 7,505,854, titled “Startup
`
`Techniques for a Digital Flowmeter” (“the ’854 Patent”). The ’854 Patent was duly and legally
`
`issued on March 17, 2009, to Manus P. Henry and Mayela E. Zamora and was assigned to
`
`Invensys. A copy of the ’854 Patent is attached to this Complaint as Exhibit D.
`
`38.
`
`Defendants Micro Motion and Emerson have been and currently are infringing,
`
`either literally or under the doctrine of equivalents, the ’854 Patent by, among other things: (1)
`
`making, using, selling, importing, and/or offering for sale, within the territorial boundaries of the
`
`United States, products that are covered by one or more claims of the ’854 Patent, including but
`
`not limited to (i) Coriolis Meters (e.g., Micro Motion® Elite® Coriolis Meters) containing a
`
`Micro Motion transmitter with a Micro Motion enhanced core processor (e.g., Micro Motion
`
`EAST\54869292
`
`13
`
`

`
`Case 6:12-cv-00799-JRG Document 25 Filed 01/31/13 Page 14 of 26 PageID #: 483
`
`Model 2400S, 1700, 2700 and Series 3000 transmitters) or any substantially similar component,
`
`and/or (ii) components of the aforementioned Coriolis Meters, including, but not limited to, a
`
`Micro Motion transmitter with a Micro Motion enhanced core processor (e.g., Micro Motion
`
`Model 2400S, 1700, 2700 and Series 3000 transmitters) or any substantially similar component;
`
`(2) contributing to the making, using, selling, importing, and/or offering for sale, within the
`
`territorial boundaries of the United States, of products that are covered by one or more claims of
`
`the ’854 Patent by selling a material component of the patented invention that does not have
`
`substantial non-infringing uses, including but not limited to (i) Coriolis Meters (e.g., Micro
`
`Motion® Elite® Coriolis Meters) containing a Micro Motion transmitter with a Micro Motion
`
`enhanced core processor (e.g., Micro Motion Model 2400S, 1700, 2700 and Series 3000
`
`transmitters) or any substantially similar component, and/or
`
`(ii) components of
`
`the
`
`aforementioned Coriolis Meters, including, but not limited to, a Micro Motion transmitter with a
`
`Micro Motion enhanced core processor (e.g., Micro Motion Model 2400S, 1700, 2700 and Series
`
`3000 transmitters) or any substantially similar component, with knowledge that it will be used in
`
`the infringement of the ’854 Patent; or (3) inducing its customers, distributors and others in the
`
`chain of distribution to make, use, sell, import and/or offer for sale products that are covered by
`
`one or more claims of the ’854 Patent, including but not limited to (i) Coriolis Meters (e.g.,
`
`Micro Motion® Elite® Coriolis Meters) containing a Micro Motion transmitter with a Micro
`
`Motion enhanced core processor (e.g., Micro Motion Model 2400S, 1700, 2700 and Series 3000
`
`transmitters) or any substantially similar component, and/or
`
`(ii) components of
`
`the
`
`aforementioned Coriolis Meters, including, but not limited to, a Micro Motion transmitter with a
`
`Micro Motion enhanced core processor (e.g., Micro Motion Model 2400S, 1700, 2700 and Series
`
`EAST\54869292
`
`14
`
`

`
`Case 6:12-cv-00799-JRG Document 25 Filed 01/31/13 Page 15 of 26 PageID #: 484
`
`3000 transmitters) or any substantially similar component, with knowledge of and intent that its
`
`customers, distributors and others in the chain of distribution infringe the ’854 Patent.
`
`39.
`
`Defendants Micro Motion’s and Emerson’s infringement, contributory infringe-
`
`ment, and/or inducement to infringe has injured Invensys, and Invensys is entitled to recover
`
`damages adequate to compensate it for such infringement. Because Defendants’ infringement
`
`has caused Invensys to lose sales and has eroded the price of Invensys’s digital Coriolis flow-
`
`meters, Invensys is entitled to recover lost profits. Alternatively or in addition, Invensys is
`
`entitled to recover a reasonable royalty.
`
`40.
`
`Defendants Micro Motion and Emerson know and have known (including but not
`
`limited to since the filing date of this lawsuit), that the ‘854 Patent was duly issued to Invensys
`
`and have proceeded with an objectively reckless disregard for Invensys’s patent rights, without a
`
`sound or good faith basis to believe they had a right to continue their unlicensed making, using,
`
`selling, importing and/or offering for sale of the infringing products. For example, in connection
`
`with Emerson and/or Micro Motion’s prosecution of one or more patent applications assigned to
`
`Micro Motion or Emerson, Micro Motion and/or Emerson cited one or more patents or
`
`applications in the same family as the ’854 Patent. As a result of Micro Motion’s and Emerson’s
`
`willful and deliberate misconduct, Invensys seeks an enhancement of its damages up to three
`
`times the amount found or assessed pursuant to 35 U.S.C. § 284.
`
`41.
`
`Defendants Micro Motion’s and Emerson’s infringement of the ’854 Patent has
`
`caused and will continue to cause Invensys irreparable harm, for which there is no adequate rem-
`
`edy at law, unless enjoined by this Court.
`
`EAST\54869292
`
`15
`
`

`
`Case 6:12-cv-00799-JRG Document 25 Filed 01/31/13 Page 16 of 26 PageID #: 485
`
`FIFTH CLAIM
`
`(Patent Infringement of the ’594 Patent)
`
`42.
`
`43.
`
`The allegations of paragraphs 1-41 are incorporated herein by reference.
`
`Invensys is the sole owner of United States Patent No. 6,754,594, titled “Digital
`
`Flowmeter” (“the ’594 Patent”). The ’594 Patent was duly and legally issued on June 22, 2004,
`
`to Manus P. Henry, David W. Clarke, and James H. Vignos and was assigned to Invensys. A
`
`copy of the ’594 Patent is attached to this Complaint as Exhibit E.
`
`44.
`
`Defendants Micro Motion and Emerson have been and currently are infringing,
`
`either literally or under the doctrine of equivalents, the ’594 Patent by, among other things: (1)
`
`making, using, selling, importing, and/or offering for sale, within the territorial boundaries of the
`
`United States, products that are covered by one or more claims of the ’594 Patent, including but
`
`not limited to (i) Coriolis Meters (e.g., Micro Motion® Elite® Coriolis Meters) containing a
`
`Micro Motion transmitter with a Micro Motion enhanced core processor (e.g., Micro Motion
`
`Model 2400S, 1700, 2700 and Series 3000 transmitters) or any substantially similar component,
`
`and/or (ii) components of the aforementioned Coriolis Meters, including, but not limited to, a
`
`Micro Motion transmitter with a Micro Motion enhanced core processor (e.g., Micro Motion
`
`Model 2400S, 1700, 2700 and Series 3000 transmitters) or any substantially similar component;
`
`(2) contributing to the making, using, selling, importing, and/or offering for sale, within the
`
`territorial boundaries of the United States, of products that are covered by one or more claims of
`
`the ’594 Patent by selling a material component of the patented invention that does not have
`
`substantial non-infringing uses, including but not limited to (i) Coriolis Meters (e.g., Micro
`
`Motion® Elite® Coriolis Meters) containing a Micro Motion transmitter with a Micro Motion
`
`enhanced core processor (e.g., Micro Motion Model 2400S, 1700, 2700 and Series 3000
`
`EAST\54869292
`
`16
`
`

`
`Case 6:12-cv-00799-JRG Document 25 Filed 01/31/13 Page 17 of 26 PageID #: 486
`
`transmitters) or any substantially similar component, and/or
`
`(ii) components of
`
`the
`
`aforementioned Coriolis Meters, including, but not limited to, a Micro Motion transmitter with a
`
`Micro Motion enhanced core processor (e.g., Micro Motion Model 2400S, 1700, 2700 and Series
`
`3000 transmitters) or any substantially similar component, with knowledge that it w