`Case 6:12—cv—00799—JRG Document 31-1 Filed 02/21/13 Page 1 of 4 Page|D #: 1370
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` EXHIBIT A
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`EXHIBIT A
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`Case 6:12-cv-00799-JRG Document 31-1 Filed 02/21/13 Page 2 of 4 PageID #: 1371
`Case 6:12—cv—OO799—JRG Document 31-1 Filed 02/21/13 Page 2 of 4 Page|D #: 1371
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`IN THE UNITED STATES DISTRICT COURT
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`EASTERN DISTRICT OF TEXAS
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`TYLER DIVISION
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`Case No. 6:12-cv-00?99-LED
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`INVENSYS SYSTEMS, INC.,
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`Plaintiff,
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`VS.
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`EMERSON ELECTRIC CO. and
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`MICRO MOTION INC, USA,
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`Defendants,
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`and
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`MICRO MOTION INC, USA,
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`Counterclaim-Plaintiff,
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`VS.
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`INVENSYS SYSTEMS, INC.,
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`Counterclaim-Defendant.
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`DECLARATION OF ANDREW DUDIAK
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`1, Andrew Dudiak, do hereby declare as follows:
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`1.
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`I am Vice President of Marketing for Micro Motion, Inc., one of the defendants in
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`the above-captioned matter, and I have been employed by Micro Motion, Inc. for more than 20
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`years.
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`2.
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`Micro Motion, Inc. is a Colorado corporation with its headquarters and principal
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`place of business at 7070 Winchester Circle, Boulder, Colorado.
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`In 1934, Emerson acquired
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`100% of the stock of Micro Motion, Inc. making Micro Motion, Inc. an indirect wholly-owned
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`subsidiary of Emerson Electric Co. (“Emerson”), which is a Missouri corporation. Although
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`4811-1755-3—8482.1
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`Case 6:12-cv-00799-JRG Document 31-1 Filed 02/21/13 Page 3 of 4 PageID #: 1372
`Case 6:12—cv—OO799—JRG Document 31-1 Filed 02/21/13 Page 3 of 4 Page|D #: 1372
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`Micro Motion, Inc. is an Emerson subsidiary, Micro Motion, Inc. and Emerson are different
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`corporations with different employees and separate payrolls.
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`3.
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`I am aware of the above-captioned lawsuit and that Invensys Systems, Inc. has
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`alleged that certain Micro Motion, Inc. products infringe Invensys’s patents.
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`4.
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`Micro Motion, Inc. has been in the business of designing, manufacturing, and
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`selling Coriolis flow and density measurement devices for more than 30 years. Coriolis
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`flowmeters are used in a variety of industries and for a variety of applications. In addition to the
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`oil and gas and refinery industries, Coriolis flowmeters are also used in and heavily relied upon
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`in the chemical, food and beverage, marine, power, and life sciences industries.
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`5.
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`Micro Motion, Inc. is the only Emerson subsidiary that designs, manufactures, or
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`sells Coriolis meters. Micro Motion, Inc. does not have any facilities located in Sherman or
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`McKinney, Texas.
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`6.
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`Micro Motion, Inc. employees have attended conferences andfor meetings
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`associated with the American Petroleum Institute (“APP”) and the International Society of
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`Automation (“ISA”) (formerly the Instrumentation, Systems and Automation Society) in
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`locations outside of Texas.
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`7.
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`Micro Motion, Inc.’s Coriolis flowmeters are sold in every state in the United
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`States.
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`8.
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`Micro Motion, Inc. controls all aspects of its Coriolis meter products, including
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`their design a11d development, manufacture, and sale.
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`In particular, Micro Motion, Inc. employs
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`the people who conduct research and design associated with its Coriolis meters and Micro
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`Motion, Inc. makes all the decisions regarding the features and functions that are incorporated
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`into its products.
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`481 1-1 759-8-482.1
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`
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`Case 6:12-cv-00799-JRG Document 31-1 Filed 02/21/13 Page 4 of 4 PageID #: 1373
`Case 6:12—cv—OO799—JRG Document 31-1 Filed 02/21/13 Page 4 of 4 Page|D #: 1373
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`9.
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`Although Micro Motion, Inc. reports to the managers of the Emerson Process
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`Management business platform, Emerson has not and does not determine the design and
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`development of Micro Motion, lnc.’s products. In particular, Emerson has not and does not
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`determine how Micro Motion, Inc.’s products operate or what features and functions they have.
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`Ernerson’s involvement with Micro Motion, Inc.'s products is at a high level and is focused on
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`business issues, including strategic planning, product profitability and market position.
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`10.
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`As Vice President of Marketing for Micro Motion, Inc., I am aware that the
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`Emerson Process Management logo and the Emerson name are used in Micro Motion, Inc.’s
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`marketing materials and have been used since the fall of 2000. Specifically, in the fall of 2000 as
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`part of a company-wide marketing strategy, Emerson instructed its subsidiaries to include the
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`name of the Emerson business platform under which they operate in their marketing materials.
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`Although the Emerson Process Management logo and Emerson name are used in conjunction
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`with Micro Motion, Inc.’s marketing materials, Emerson itself has not and does not control or
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`direct the development, design, features, functions, manufacturing, or sales of Micro
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`Motion, Inc.’s products.
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`I declare under penalty of perjury that the foregoing is true and correct.
`’\
`r
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`Executed on February L, 2013.
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`/i~.x_n_.,J'
`Andrew Dudiak
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`481 ‘l-1759-84821
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