`Case 6:12—cv—00799—JRG Document 30-1 Filed 02/21/13 Page 1 of 4 Page|D #: 1355
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` EXHIBIT A
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`EXHIBIT A
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`Case 6:12-cv-00799-JRG Document 30-1 Filed 02/21/13 Page 2 of 4 PageID #: 1356
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`IN THE UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`Case No. 6:12-cv-00799-LED
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`JURY TRIAL DEMANDED
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`Plaintiff,
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`Invensys Systems, Inc.,
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`vs.
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`Emerson Electric Co. and
`Micro Motion Inc., USA,
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`Defendants.
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`DECLARATION OF DR. RANDALL D. LEDFORD
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`I, Dr. Randall D. Ledford, do hereby declare as follows:
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`1.
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`I am Senior Vice President and Chief Technology Officer of Emerson
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`Electric Co. (“Emerson”), one of the defendants in the above-captioned matter. I have been
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`employed at Emerson since 1997.
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`2.
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`Emerson is a Missouri corporation with its principal offices at 8000 West
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`Florissant Avenue, St. Louis, Missouri. Emerson is a diversified global manufacturing and
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`technology company offering a wide range of products and services.
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`3.
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`Emerson’s business is organized into five business platforms: (a) Emerson
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`Process Management, (b) Emerson Industrial Automation, (c) Emerson Network
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`Power, (d) Emerson Climate Technologies, and (e) Emerson Commercial & Residential
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`Solutions.
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`4.
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`Prior to the start of my employment at Emerson, Emerson acquired 100% of the
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`stock of Micro Motion, Inc. making Micro Motion, Inc. which is a Colorado corporation, an
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`indirect wholly owned subsidiary of Emerson.
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`4834-7407-3874.1
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`Case 6:12-cv-00799-JRG Document 30-1 Filed 02/21/13 Page 3 of 4 PageID #: 1357
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`5.
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`I am aware of the above-captioned lawsuit, and am aware that certain
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`Micro Motion, Inc. products have been accused of infringing patents allegedly owned by
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`Invensys Systems, Inc.
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`6.
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`Emerson itself does not make, use, sell, offer for sale or import Coriolis
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`flowmeters. In the fall of 2000, in an effort to harmonize marketing materials, Emerson directed
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`a company-wide change and instructed its U.S. subsidiaries to include on their marketing
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`materials the name of the Emerson business platform under which they operate. As such,
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`Micro Motion, Inc., which is part of the Emerson Process Management business platform, was
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`instructed to include the Emerson Process Management logo on Micro Motion, Inc.’s marketing
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`materials. But Emerson itself does not offer for sale or sell any Coriolis flowmeters.
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`7.
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`Micro Motion, Inc. is the only Emerson subsidiary that manufactures or sells
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`Coriolis flowmeters. Other than Micro Motion, Inc., no Emerson subsidiary is involved with any
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`research and development, engineering, manufacturing, or marketing associated with Coriolis
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`flowmeters.
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`8.
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`Emerson and Micro Motion, Inc. have separate payrolls, separate engineers, and
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`separate headquarters in separate states.
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`9.
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`As the Senior Vice President and Chief Technology Officer of Emerson, if there
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`was involvement by Emerson in the design and development of Micro Motion, Inc.’s products, I
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`would likely be aware of that involvement; however, I am unaware of any such activities. While
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`Emerson conducts various reviews of Micro Motion, Inc.’s strategic and financial plans, we do
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`not direct the design or development of Micro Motion, Inc.’s products. The intent of the various
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`reviews done by Emerson with Micro Motion, Inc. is to discuss the priorities and issues
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`Micro Motion, Inc. faces and the programs it intends to pursue to achieve profitable sales growth
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`4834-7407-3874.1
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`2
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`Case 6:12-cv-00799-JRG Document 30-1 Filed 02/21/13 Page 4 of 4 PageID #: 1358
`Case 6:12—cv—OO799—JRG Document 30-1 Filed 02/21/13 Page 4 of 4 Page|D #: 1358
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`and improve its market position. To the extent new products may be discussed, such discussions
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`are generally at a high level. Emerson does not dictate details about product functions and
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`features. To my knowledge. Emerson does not and has never instructed or required
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`Micro Motion, Inc. to include any specific feature or fiinctionality in its Coriolis flowmeters or
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`otherwise directed Micro Motion, Inc. as to how its Coriolis flowmeters should be designed.
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`Specifically. to my knowledge, Emerson does not and has never instructed or required
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`Micro Motion, Inc. to use digital signal processing or any particular algorithm in its Coriolis
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`flowmeters.
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`I declare under penalty of perjury that th
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`ore oing is true a
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`corre t.
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`Jm
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`-
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`r. R ndall D. Ledford
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`Executed on February I Q . 2013
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`4834-7407-3874.1
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