Case 6:12-cv-00799-JRG Document 26-3 Filed 02/11/13 Page 1 of 3 PageID #: 1189
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`Exhibit A
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`Case 6:12-cv-00799-JRG Document 26-3 Filed 02/11/13 Page 2 of 3 PageID #: 1190
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`C.A. No.: 6:12-cv-00799-LED
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`JURY TRIAL DEMANDED
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`INVENSYS SYSTEMS, INC.
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`v.
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`Plaintiff,
`
`EMERSON ELECTRIC CO. and
`MICRO MOTION INC., USA,
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`Defendants.
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`DECLARATION OF BOB JONES
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`I, Bob Jones, do hereby declare as follows:
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`1.
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`2.
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`3.
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`I am the Vice-President and General Manager of the Foxboro Measurement &
`Instrumentation (“M&I”) Division.
`for Plaintiff
`Invensys Systems,
`Inc.
`(“Invensys”). My office is in Foxboro, Massachusetts.
`I have personal
`knowledge of the facts stated herein.
`
`is a Massachusetts corporation headquartered in
`Invensys Systems, Inc.
`Houston and has an office with approximately sixty employees in Plano.
`Invensys’s design and manufacturing facilities are located in Massachusetts.
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`Invensys manufactures (among other products) Coriolis flowmeters. Coriolis
`flowmeters provide precise measurements of the mass flow rate of liquids
`(i.e., the mass of a substance passing through a surface during a specified
`period of time). Coriolis flowmeters are used in a variety of applications, but
`the primary users are in the oil and gas, refinery, and food and beverage
`industries.
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`4. Craig Barth (Vice President, Finance), Alastaire Davidson (Senior Director,
`Financial Controls) and Tara Kirby (Director of Finance) are potential
`witnesses regarding Invensys’s financial information. All these witnesses
`work in Plano. Mark Ferencik (Consulting Systems Analyst) is a potential
`witness regarding the business analysis of financial information. Mr. Ferencik
`works in Foxboro, Massachusetts.
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`5.
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`I will be one of Invensys’s witnesses in this case on the sales of Invensys’s
`Coriolis flowmeters. Robert Arias (Product Sales Executive, M&I), Mark
`Avery (Senior Director of North American Equipment Business), and Mike
`Reese (M&I Business Development Manager) are also potential witnesses
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`Case 6:12-cv-00799-JRG Document 26-3 Filed 02/11/13 Page 3 of 3 PageID #: 1191
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`regarding Invensys's sales and marketing efforts of Coriolis products in the
`Eastern District. Mr. Reese works in Kaufman, Texas, Messrs. Arias and
`Avery work in Houston. Wade Mattar (Flow Products Marketing Manager) is
`a potential witness regarding engineering support for Invensys's sales and
`marketing efforts of its Coriolis flowmeters. Mr. Mattar works in Foxboro,
`Massachusetts.
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`6. Michael Plaziak (Principal Software Development Engineer) is a potential
`witness regarding the design and manufacture of Invensys's Coriolis
`flowmeters. Mr. Plaziak works in Foxboro, Massachusetts.
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`7. Gregory Walters was one of the attorneys who prosecuted the patents that are
`the basis of this suit. Mr. Walters works in Washington D.C.
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`8. Most of the documents that would be related to this suit are stored
`electronically. Invensys's sales information is kept primarily in Houston, its
`financial information is stored primarily in Plano, and most design documents
`are located in Massachusetts.
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`9. None of Invensys's witnesses are in Colorado.
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`10. Coriolis flow-meters are used extensively in the oil and gas production,
`transportation and refining business. Texas, including the Eastern District,
`has seen a marked increase in activity in this sector within the last few years
`and a corresponding increase in market demand for Coriolis flowmeters
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`11. Coriolis flowmeters are used principally in allocation and custody transfer
`applications in the oil and gas industry. These activities occur extensively in
`the oil and gas transportation and marketing industries in Texas, including the
`Eastern District.
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`12. Because they are one of the most heavily industrialized areas in the nation,
`especially in the process industries (e.g., refining), the Texas Gulf Coast
`region, including the Golden Triangle and the Houston ship channel are
`extremely large markets for Coriolis flowmeters. All manufacturers of
`Coriolis flowmeters do significant business there.
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`13. Exhibit B to Invensys's Response to Micro Motion's Motion to Transfer is a
`true and correct copy of excerpts from a report of the ARC Advisory Group.
`The ARC Advisory Group is an independent third-party source for
`information about the Coriolis flow-meter industry and is commonly used and
`relied on in that industry.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Dated: If Fer&. 2. 3