`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`
`INVENSYS SYSTEMS, INC.,,
`
`
`
`
`CIVIL ACTION NO. 6:12-cv-00799
`
`
`
`§§§§§§§§§
`
`
`
`ORDER
`
`Plaintiff,
`
`v.
`
`EMERSON ELECTRIC CO. and
`MICRO MOTION INC., USA,
`
`Defendant.
`
`
`
`
`
`
`Before the Court are various requests to file certain briefs by Plaintiff Invensys Systems,
`
`Inc. (“Invensys”) and Defendants Emerson Electric Co. and Micro Motion Inc., USA.
`
`
`
`Specifically, Invensys requests permission to file a Motion to Strike and Exclude Dr.
`
`Blair’s Report and Testimony (Dkt. No. 260); a Motion to Strike and Exclude Dr. Bose’s Report
`
`and Testimony (Dkt. No. 261); a Motion to Strike Dr. Direen’s expert report (Dkt. No. 262); a
`
`Motion to Strike Bill Graber’s 26(a)(2)(C) Disclosure and Exclude Testimony (Dkt. No. 263); a
`
`Motion to Strike Dr. Sidman’s Rebuttal Expert Reports (Dkt. No. 264); a Daubert Motion
`
`Regarding Defendants’ Damages Expert, Keith R. Ugone (Dkt. No. 265); a Motion for Summary
`
`Judgment on Infringement and Validity of Claim 23 of U.S. Patent No. 7,571,062 (Dkt. No. 266);
`
`and a Motion for Summary Judgment on Defendants’ Affirmative Defenses (Dkt. No. 267).
`
`
`
`Defendants request permission to file a Motion for Summary Judgment on Invalidity (Dkt.
`
`No. 268); a Daubert Motion to Exclude and Strike the Opinions and Testimony of Invensys’s
`
`Technical Expert, Dr. Rodriguez (Dkt. No. 269); a Daubert Motion to Exclude and Strike the
`
`Opinions and Testimony of Dr. Rahn (Dkt. No. 270); a Daubert Motion to Exclude and Strike the
`
`Opinions and Testimony of Mr. Bakewell (Dkt. No. 271); a Partial Motion for Summary Judgment
`
`1
`
`
`
`Case 6:12-cv-00799-JRG Document 315 Filed 03/12/15 Page 2 of 3 PageID #: 9809
`
`Regarding Damages (Dkt. No. 273); and a Motion for Summary Judgment of Non-Infringement
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`(Dkt. No. 275).
`
`Having considered the letter briefs and responses, the Court GRANTS leave for Plaintiff to file
`
`briefs for the following:
`
`(1) Motion to Strike and Exclude Dr. Blair’s Report and Testimony, as outlined in the letter
`
`accompanying Dkt. No. 260;
`
`(2) Motion to Strike and Exclude Dr. Bose’s Report and Testimony, as outlined in the letter
`
`accompanying Dkt. No. 261;
`
`(3) Motion to Strike Dr. Direen’s expert report, as outlined in the letter accompanying Dkt.
`
`No. 262;
`
`(4) Motion to Strike Bill Graber’s 26(a)(2)(C) Disclosure and Exclude Testimony, as outlined
`
`in the letter accompanying Dkt. No. 263;
`
`(5) Motion to Strike Dr. Sidman’s Rebuttal Expert Reports, as outlined in the letter
`
`accompanying Dkt. No. 264;
`
`(6) Daubert Motion Regarding Defendants’ Damages Expert, Keith R. Ugone as outlined in
`
`the letter accompanying Dkt. No. 265;
`
`(7) Motion for Summary Judgment on Defendants’ Affirmative Defenses, as outlined in the
`
`letter accompanying Dkt. No. 267.
`
`The Court further GRANTS leave for Defendants to file briefs to the following extent:
`
`(1) With respect to the outline of Defendant’s Motion for Summary Judgment on Invalidity
`
`(Dkt. No. 268), the Court GRANTS the Defendants leave to file particularized letter briefs
`
`fifteen (15) days after receipt of the USPTO’s determinations in the IPRs concerning the
`
`patents-in-suit.
`
`
`
`2
`
`
`
`Case 6:12-cv-00799-JRG Document 315 Filed 03/12/15 Page 3 of 3 PageID #: 9810
`
`(2) Daubert Motion to Exclude and Strike the Opinions and Testimony of Invensys’s
`
`Technical Expert, Dr. Rodriguez, as outlined in the letter accompanying Dkt. No. 269;
`
`(3) Daubert Motion to Exclude and Strike the Opinions and Testimony of Dr. Rahn, as
`
`outlined in the letter accompanying Dkt. No. 270;
`
`(4) Daubert Motion to Exclude and Strike the Opinions and Testimony of Mr. Bakewell, as
`
`outlined in the letter accompanying Dkt. No. 271;
`
`(5) Partial Motion for Summary Judgment Regarding Damages, as outlined in the letter
`
`accompanying Dkt. No. 273
`
`The Court DENIES leave for Plaintiff’s to file a Motion for Summary Judgment on Infringement
`
`and Validity of Claim 23 of U.S. Patent No. 7,571,062, as outlined in Dkt. No. 266. The Court
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`further DENIES leave for Defendants to file a Motion for Summary Judgment of
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`Non-Infringement as outlined in Dkt. No. 275.
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`
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`
`
`3
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