`Case 6:12—cv—00799—JRG Document 81-6 Filed 10/25/13 Page 1 of 2 Page|D #: 2280
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`EXHIBIT D
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`EXHIBIT D
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`Case 6:12-cv-00799-JRG Document 81-6 Filed 10/25/13 Page 2 of 2 PageID #: 2281
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`Quick, Stephanie A.
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`From:
`Sent:
`To:
`Cc:
`Subject:
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`Jelenchick, Kadie M.
`Tuesday, October 08, 2013 4:23 PM
`Papastavros, Nick; Hansen, Linda E.B.
`Frost, Claudia
`RE: Invensys/Emerson - Infectious Unenforceability Cases
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`Nick:
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`We continue to disagree with Invensys’s assessment of Micro Motion’s infectious unenforceability pleadings. However,
`in the interest of avoiding motion practice on this issue, Micro Motion will stipulate to a withdrawal of Paragraphs 73
`and 95‐96 of the Affirmative Defenses and Paragraphs 37‐38 of the Amended Counterclaims. Consistent with the
`Second Amended Docket Control Order, Micro Motion reserves the right to amend its pleadings to renew these
`allegations at the appropriate time.
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`If you would like to discuss this further, please feel free to give me a call.
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`Thanks,
`Kadie M. Jelenchick
`Foley & Lardner LLP
`777 East Wisconsin Avenue
`Milwaukee, Wisconsin 53202
`414.319.7324
`kjelenchick@foley.com
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`From: Papastavros, Nick [mailto:Nick.Papastavros@dlapiper.com]
`Sent: Tuesday, October 08, 2013 11:22 AM
`To: Hansen, Linda E.B.; Jelenchick, Kadie M.
`Cc: Frost, Claudia
`Subject: FW: Invensys/Emerson - Infectious Unenforceability Cases
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`Linda and Kadie,
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`Following up on our meet and confer yesterday afternoon, attached are several cases supporting the notion of deficient
`“infectious unenforceability” pleading, which Invensys contends is the case with respect to Micro Motion’s inequitable
`conduct defense and counterclaim. Please let us know if you believe it would be productive to confer further.
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`Nick
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