`Case 6:l2—c:v—OO799—JRG Document 268-1 Filed 01/26/15 Page 1 of 2 Page|D #: 9509
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`EXHIBIT 1
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`EXHIBIT 1
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`Case 6:12-cv-00799-JRG Document 268-1 Filed 01/26/15 Page 2 of 2 PageID #: 9510
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`ATTORNEYS AT LAW
`777 EAST WISCONSIN AVENUE
`MILWAUKEE, WI 53202-5306
`414.271.2400 TEL
`414.297.4900 FAX
`foley.com
`
`CLIENT/MATTER NUMBER
`087886-0122
`
`FOLEY & L ARDN ER LLP
`
`January 26, 2015
`
`The Honorable Rodney Gilstrap
`United States District Court for the Eastern District of Texas
`100 East Houston Street
`Marshall, TX 75670
`
`Re:
`
`Invensys Systems, Inc. v. Emerson Electric Co. and Micro Motion, Inc.
`Civil Action No. 6:12-cv-00799-JRG
`
`Dear Judge Gilstrap:
`As the Court is aware, Micro Motion has filed eight petitions for inter partes review of
`certain claims of the Invensys patents-in-suit. The United States Patent and Trademark Office
`(“USPTO”) has granted seven petitions and one petition is awaiting decision. The USPTO has
`preliminarily found that certain of the claims asserted by Invensys are likely unpatentable. (See
`Dkt. Nos. 160, 206.) The USPTO held a final hearing on four of the IPR petitions on January 15,
`2015, and a final decision on those IPRs is expected by June of 2015. A final hearing on the
`other pending IPRs is scheduled for March 12, 2015, and a final decision is expected by August
`of 2015.
`Micro Motion expects that most of the claims asserted by Invensys in this litigation will
`ultimately be found invalid in these IPR proceedings, and as such, Micro Motion expects to
`submit motions for summary judgment on invalidity as to those claims. Permission is requested
`at this time for leave to file such motions thirty days after receipt of the USPTO’s determinations
`in those IPRs.
`
`Sincerely,
`/s/ Jeffrey N. Costakos
`
`cc: all counsel of record (by ECF)
`
`BOSTON
`BRUSSELS
`CHICAGO
`DETROIT
`
`JACKSONVILLE
`LOS ANGELES
`MADISON
`MIAMI
`
`MILWAUKEE
`NEW YORK
`ORLANDO
`SACRAMENTO
`
`SAN DIEGO
`SAN DIEGO/DEL MAR
`SAN FRANCISCO
`SHANGHAI
`
`SILICON VALLEY
`TALLAHASSEE
`TAMPA
`TOKYO
`WASHINGTON, D.C.
`
`4833-5216-1057.
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