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`IN THE UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`Case No. 12-CV-00799-LED
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`JURY TRIAL DEMANDED
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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
`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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`MICRO MOTION, INC.’S ANSWER TO
`INVENSYS SYSTEMS, INC.’S COUNTERCLAIMS
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`Micro Motion, Inc. (“Micro Motion”) hereby responds to Plaintiff Invensys
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`Systems, Inc.’s (”Invensys”) August 9, 2013 Counterclaims as follows:
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`PARTIES, JURISDICTION, AND VENUE
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`1.
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`Micro Motion lacks knowledge or information sufficient to form a belief about
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`the truth of the allegations in this Paragraph and therefore denies them.
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`2.
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`Admitted.
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`4828-7322-0629.1
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`Case 6:12-cv-00799-JRG Document 70 Filed 09/03/13 Page 2 of 4 PageID #: 1784
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`3.
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`Micro Motion admits that Invensys purports to bring this action under Title 35 of
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`the United States Code and that this Court has subject matter jurisdiction over this action. Micro
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`Motion denies the remaining allegations in this Paragraph.
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`4.
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`Micro Motion admits the allegations in this Paragraph, and further denies that this
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`venue is convenient.
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`FIRST CLAIM
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`(Declaratory Judgment of Non-Infringement of the Micro Motion Patents)
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`5.
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`Micro Motion repeats and incorporates herein by reference its responses to the
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`preceding Paragraphs 1-4.
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`6.
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`7.
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`Admitted.
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`Denied.
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`SECOND CLAIM
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`(Declaratory Judgment of Invalidity of the Micro Motion Patents)
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`8.
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`Micro Motion repeats and incorporates herein by reference its responses to the
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`preceding Paragraphs 1-4.
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`9.
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`10.
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`11.
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`Admitted.
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`Denied.
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`Denied.
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`PRAYER FOR RELIEF
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`The allegations in these Paragraphs do not call for a response from Micro Motion.
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`However, Micro Motion denies that Invensys is entitled to any of the relief requested. Instead,
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`Micro Motion respectfully prays for entry of judgment as described in Micro Motion’s July 15,
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`2013 Amended Counterclaims.
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`4828-7322-0629.1
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`2
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`Case 6:12-cv-00799-JRG Document 70 Filed 09/03/13 Page 3 of 4 PageID #: 1785
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`DEMAND FOR A JURY TRIAL
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`The allegations in this Paragraph do not call for a response from Micro Motion.
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`However, Micro Motion also desires a trial by jury on all issues so triable and respectfully
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`requests the same.
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`Respectfully submitted,
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`
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`/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, Wisconsin 53202
`Phone: (414) 271-2400
`Fax: (414) 297-4900
`Email: lhansen@foley.com
`rflorsheim@foley.com
`jcostakos@foley.com
`kjelenchick@foley.com
`mshin@foley.com
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`Attorneys for Micro Motion, Inc.
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`Dated: September 3, 2013
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`Guy N. Harrison, State Bar No. 00000077
`Harrison Law Firm
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`217 N. Center Street
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`Longview, Texas 75606
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`Phone: (903) 758-7361
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`Fax: (903) 753-9557
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`Email: guy@gnhlaw.com and
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`cj-gnharrison@att.net
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`4828-7322-0629.1
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`3
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`Case 6:12-cv-00799-JRG Document 70 Filed 09/03/13 Page 4 of 4 PageID #: 1786
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`CERTIFICATE OF SERVICE
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`I hereby certify that on September 3, 2013, I electronically filed the foregoing
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`document with the Clerk of Court using the CM/ECF system which will send notification of such
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`filing via electronic mail to all counsel of record.
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`/s/ Kadie M. Jelenchick
`Kadie M. Jelenchick
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`4828-7322-0629.1
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`4
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