`Case 6:12—cv—00799—JRG Document 81-7 Filed 10/25/13 Page 1 of 3 Page|D #: 2282
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`EXHIBIT E
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`EXHIBIT E
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`Case 6:12-cv-00799-JRG Document 81-7 Filed 10/25/13 Page 2 of 3 PageID #: 2283
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`Quick, Stephanie A.
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`From:
`Sent:
`To:
`Cc:
`Subject:
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`Papastavros, Nick <Nick.Papastavros@dlapiper.com>
`Tuesday, October 08, 2013 5:24 PM
`Jelenchick, Kadie M.; Hansen, Linda E.B.
`Frost, Claudia; Johnson, Jeffrey
`RE: Invensys/Emerson - Infectious Unenforceability Cases
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`Kadie,
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`We can’t at this late stage revise the brief to reflect this, but I will try to drop a footnote and will indicate this in the
`Certificate of Conference.
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`Please let me know if you agree to withdraw the remaining portions of the counterclaim/affirmative defense after
`reviewing the filing.
`
`Nick
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`From: KJelenchick@foley.com [mailto:KJelenchick@foley.com]
`Sent: Tuesday, October 08, 2013 5:23 PM
`To: Papastavros, Nick; LHansen@foley.com
`Cc: Frost, Claudia
`Subject: 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.
`
`
`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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`1
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`Case 6:12-cv-00799-JRG Document 81-7 Filed 10/25/13 Page 3 of 3 PageID #: 2284
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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.
`
`
`Nick
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`
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