Case 6:12-cv-00799-JRG Document 68 Filed 08/30/13 Page 1 of 4 PageID #: 1756
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`INVENSYS SYSTEMS, INC.,
`
`v.
`
`Plaintiff,
`
`EMERSON ELECTRIC CO. and
`MICRO MOTION INC., USA,
`
`and
`
`Defendants.
`
`MICRO MOTION INC., USA,
`
`v.
`
`Counterclaim-Plaintiff,
`
`INVENSYS SYSTEMS, INC.,
`
`§§
`
`Counterclaim-Defendant. §
`
`JOINT MOTION TO AMEND DOCKET CONTROL ORDER
`
`On August 13, 2013, the Court entered an amended Docket Control Order in this case.
`
`(Dkt. No. 64). Plaintiff and Counterclaim-Defendant Invensys Systems, Inc., and Defendant
`
`Emerson Electric Co. and Defendant and Counterclaim-Plaintiff Micro Motion,
`
`Inc.
`
`(collectively, “the Parties”), jointly request that the Docket Control Order be amended as
`
`Preliminary Election of Asserted Claims. Not later than 70 60 days
`after a Party completes its P.R. 3-4 production, including circuit diagrams
`and making the source code available, the opposing Party will serve its
`Preliminary Election of Asserted Claims. The opposing Party may elect
`not more than 10 claims per asserted patent and not more than a total of
`55 claims from all asserted patents.
`
`follows:
`
`70 60 days after
`completion of the
`P.R. 3-4
`production
`
`EAST\57992120.1
`
`C.A. No. 6:12-cv-00799-LED
`
`§§
`
`§
`
`§§
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`§
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`§§
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`§
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`§§
`
`§§
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`§
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`§§
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`INVENSYS SYSTEMS, INC.,
`
`v.
`
`Plaintiff,
`
`EMERSON ELECTRIC CO. and
`MICRO MOTION INC., USA,
`
`and
`
`Defendants.
`
`MICRO MOTION INC., USA,
`
`v.
`
`Counterclaim-Plaintiff,
`
`INVENSYS SYSTEMS, INC.,
`
`§§
`
`Counterclaim-Defendant. §
`
`JOINT MOTION TO AMEND DOCKET CONTROL ORDER
`
`On August 13, 2013, the Court entered an amended Docket Control Order in this case.
`
`(Dkt. No. 64). Plaintiff and Counterclaim-Defendant Invensys Systems, Inc., and Defendant
`
`Emerson Electric Co. and Defendant and Counterclaim-Plaintiff Micro Motion,
`
`Inc.
`
`(collectively, “the Parties”), jointly request that the Docket Control Order be amended as
`
`Preliminary Election of Asserted Claims. Not later than 70 60 days
`after a Party completes its P.R. 3-4 production, including circuit diagrams
`and making the source code available, the opposing Party will serve its
`Preliminary Election of Asserted Claims. The opposing Party may elect
`not more than 10 claims per asserted patent and not more than a total of
`55 claims from all asserted patents.
`
`follows:
`
`70 60 days after
`completion of the
`P.R. 3-4
`production
`
`EAST\57992120.1
`
`C.A. No. 6:12-cv-00799-LED
`
`§§
`
`§
`
`§§
`
`§
`
`§§
`
`§
`
`§§
`
`§§
`
`§
`
`§§
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`
`
`Case 6:12-cv-00799-JRG Document 68 Filed 08/30/13 Page 2 of 4 PageID #: 1757
`
`09/0313/13
`
`09/03/13
`
`Comply with P.R. 3-3 and P.R. 3-4 – Invalidity Contentions due.
`Thereafter, except as provided in Patent Rule 3-6(a), it is necessary to
`obtain leave of Court
`to add and/or amend invalidity contentions,
`pursuant to Patent Rule 3-6(b).
`Defendant shall join additional parties.
`It is not necessary to file a
`motion to join additional parties prior to this date. Thereafter, it is
`necessary to obtain leave of Court to join additional parties.
`Defendant shall assert any counterclaims. After this deadline, leave of
`Court must be obtained to assert any counterclaims.
`Add any inequitable conduct allegations to pleadings.
`is not
`It
`necessary to file a motion for leave to add inequitable conduct allegations
`to pleadings prior to this date. Thereafter, it is necessary to obtain leave
`of Court to add inequitable conduct allegations to pleadings.
`
`Defendant shall join additional parties.
`It is not necessary to file a
`motion to join additional parties prior to this date. Thereafter, it is
`necessary to obtain leave of Court to join additional parties.
`Defendant shall assert any counterclaims, excluding counterclaims
`for inequitable conduct. After this deadline, leave of Court must be
`obtained to assert any counterclaims.
`
`This request is not sought for the purposes of delay and will not affect any other case
`
`deadlines. The Parties respectfully request that the Court enter this proposed Docket Control
`
`Order as amended and attached hereto as Exhibit A.
`
`Dated: August 30, 2013
`
`Respectfully submitted,
`
`/s/ Claudia Wilson Frost
`Claudia Wilson Frost
`State Bar No. 21671300
`Jeffrey L. Johnson
`State Bar No. 24029638
`Dawn M. Jenkins
`State Bar No. 24074484
`DLA PIPER LLP
`1000 Louisiana, Suite 2800
`Houston, TX 77002
`Telephone: 713.425.8400
`Facsimile: 713.425.8401
`Claudia.Frost@dlapiper.com
`Jeffrey.Johnson@dlapiper.com
`Dawn.Jenkins@dlapiper.com
`
`EAST\57992120.1
`
`- 2 -
`
`
`
`Case 6:12-cv-00799-JRG Document 68 Filed 08/30/13 Page 3 of 4 PageID #: 1758
`
`Nicholas G. Papastavros
`Daniel Rosenfeld
`DLA PIPER LLP
`33 Arch Street, 26th Floor
`Boston, MA 02110
`Telephone: 617.406.6000
`Facsimile: 617.406.6100
`Nick.Papastavros@dlapiper.com
`Daniel.Rosenfeld@dlapiper.com
`
`Todd S. Patterson
`DLA PIPER LLP
`401 Congress Ave., Suite 2500
`Austin, TX 78701-3799
`Telephone: 512.457.7017
`Facsimile: 512.721.2217
`todd.patterson@dlapiper.com
`
`ATTORNEYS FOR INVENSYS SYSTEMS,
`INC.
`
`/s/ Kadie M. Jelenchick
`Linda E.B. Hansen, WI Bar No. 1000660
`Richard S. Florsheim, WI Bar No. 1015905
`Jeffrey N. Costakos, WI Bar No. 1008225
`Kadie M. Jelenchick, WI Bar No. 1056506
`Matthew J. Shin, WI Bar No. 1090096
`Foley & Lardner LLP
`777 East Wisconsin Avenue
`Milwaukee, WI 53202
`Telephone: 414.271.2400
`Facsimile: 414.297.4900
`lhansen@foley.com
`rflorsheim@foley.com
`jcostakos@foley.com
`kjelenchick@foley.com
`mshin@foley.com
`
`Guy N. Harrison
`State Bar No. 00000077
`Harrison Law Firm
`217 N. Center Street
`Longview, TX 75606
`Telephone: 903.758.7361
`
`EAST\57992120.1
`
`- 3 -
`
`
`
`Case 6:12-cv-00799-JRG Document 68 Filed 08/30/13 Page 4 of 4 PageID #: 1759
`
`Facsimile: 903.753.9557
`guy@gnhlaw.com
`cj_gnharrison@att.net
`
`ATTORNEYS FOR EMERSON ELECTRIC
`CO. and MICRO MOTION, INC.
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on August 30, 2013, all counsel of record who are deemed
`
`to have consented to electronic service are being served with a copy of this document via the
`
`Court’s CM/ECF system per Local Rule CV-5(a)(3). Any other counsel of record will be served
`
`by facsimile transmission and/or first class mail.
`
`/s/ Claudia Wilson Frost
`Claudia Wilson Frost
`
`EAST\57992120.1
`
`- 4 -
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