`Case 6:12—cv—00799—JRG Document 82-1 Filed 11/04/13 Page 1 of 5 Page|D #: 2332
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`EXHIBIT 1
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`EXHIBIT 1
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`
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`Case 6:12-cv-00799-JRG Document 82-1 Filed 11/04/13 Page 2 of 5 PageID #: 2333
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`From: Papastavros, Nick
`Sent: Tuesday, October 08, 2013 6:24 PM
`To: 'KJelenchick@foley.com'; LHansen@foley.com
`Cc: Frost, Claudia; Jeffrey Johnson (jeffrey.johnson@dlapiper.com)
`Subject: RE: Invensys/Emerson - Infectious Unenforceability Cases
`
`Kadie,
`
`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.
`
`Please let me know if you agree to withdraw the remaining portions of the counterclaim/affirmative defense after
`reviewing the filing.
`
`Nick
`
`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
`
`Nick:
`
`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.
`
`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
`
`From: Papastavros, Nick [mailto:Nick.Papastavros@dlapiper.com]
`Sent: Tuesday, October 08, 2013 11:22 AM
`To: Hansen, Linda E.B.; Jelenchick, Kadie M.
`
`1
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`
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`Case 6:12-cv-00799-JRG Document 82-1 Filed 11/04/13 Page 3 of 5 PageID #: 2334
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`Cc: Frost, Claudia
`Subject: FW: Invensys/Emerson - Infectious Unenforceability Cases
`
`Linda and Kadie,
`
`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
`
`Please consider the environment before printing this email.
`
`The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended
`recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure,
`dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this
`communication in error, please reply to the sender and destroy all copies of the message. To contact us directly, send to
`postmaster@dlapiper.com. Thank you.
`The preceding email message may be confidential or protected by the attorney-client privilege. It is not intended
`for transmission to, or receipt by, any unauthorized persons. If you have received this message in error, please
`(i) do not read it, (ii) reply to the sender that you received the message in error, and (iii) erase or destroy the
`message. Legal advice contained in the preceding message is solely for the benefit of the Foley & Lardner LLP
`client(s) represented by the Firm in the particular matter that is the subject of this message, and may not be
`relied upon by any other party. Internal Revenue Service regulations require that certain types of written advice
`include a disclaimer. To the extent the preceding message contains advice relating to a Federal tax issue, unless
`expressly stated otherwise the advice is not intended or written to be used, and it cannot be used by the recipient
`or any other taxpayer, for the purpose of avoiding Federal tax penalties, and was not written to support the
`promotion or marketing of any transaction or matter discussed herein.
`
`2
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`Case 6:12-cv-00799-JRG Document 82-1 Filed 11/04/13 Page 4 of 5 PageID #: 2335
`
`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Maya:
`
`LHansen@foley.com
`Wednesday, October 02, 2013 7:09 PM
`Choksi, Maya; KJelenchick@foley.com
`Papastavros, Nick; Frost, Claudia
`RE: Invensys/Emerson (EDTX): Meet-and-Confer for 10/3?
`
`It works for me, and I hope it work for Kadie. Go ahead and circulate a calendar invite and dial-in, and if anything need
`to change, we will let you know.
`
`Thanks.
`
`Linda
`
`From: Choksi, Maya [mailto:maya.choksi@dlapiper.com]
`Sent: Wednesday, October 02, 2013 4:19 PM
`To: Hansen, Linda E.B.; Jelenchick, Kadie M.
`Cc: Papastavros, Nick; Frost, Claudia
`Subject: RE: Invensys/Emerson (EDTX): Meet-and-Confer for 10/3?
`
`Linda,
`
`Would 2:30 CT on Monday work on your end? If so, I will circulate a calendar invite and a dial-in.
`
`Thanks,
`Maya
`
`Maya Choksi
`DLA Piper LLP (US)
`617.406.6095
`maya.choksi@dlapiper.com
`
`From: LHansen@foley.com [mailto:LHansen@foley.com]
`Sent: Wednesday, October 02, 2013 4:30 PM
`To: Choksi, Maya; KJelenchick@foley.com
`Cc: Papastavros, Nick; Frost, Claudia
`Subject: RE: Invensys/Emerson (EDTX): Meet-and-Confer for 10/3?
`
`Maya:
`
`Neither Kadie nor I will be in the office at the end of the day tomorrow, and we will both be out Friday as well. I will be
`in Monday, and I believe that Kadie will be as well. Is there a time that would work for you then?
`
`Thank you.
`
`Linda
`
`1
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`
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`Case 6:12-cv-00799-JRG Document 82-1 Filed 11/04/13 Page 5 of 5 PageID #: 2336
`
`From: Choksi, Maya [mailto:maya.choksi@dlapiper.com]
`Sent: Wednesday, October 02, 2013 2:18 PM
`To: Jelenchick, Kadie M.; Hansen, Linda E.B.
`Cc: Papastavros, Nick; Frost, Claudia
`Subject: Invensys/Emerson (EDTX): Meet-and-Confer for 10/3?
`
`Kadie and Linda,
`
`We would like to schedule a meet-and-confer regarding the inequitable conduct allegations raised in Micro Motion’s
`Amended Answer, Affirmative Defenses, and Second Amended Counterclaims (ECF No. 71) and a prospective motion
`that we intend to make on these allegations.
`
`Please let us know if you are available tomorrow (10/3) to discuss. End of day would work best on our end.
`
`Regards,
`Maya
`
`Maya Choksi
`Associate
`T +1 617.406.6095
`F +1 617.406.6100
`M +1 617.840.9454
`E maya.choksi@dlapiper.com
`
`DLA Piper LLP (US)
`33 Arch Street, 26th Floor
`Boston, Massachusetts 02110-1447
`United States
`www.dlapiper.com
`
`Please consider the environment before printing this email.
`
`The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended
`recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure,
`dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this
`communication in error, please reply to the sender and destroy all copies of the message. To contact us directly, send to
`postmaster@dlapiper.com. Thank you.
`The preceding email message may be confidential or protected by the attorney-client privilege. It is not intended
`for transmission to, or receipt by, any unauthorized persons. If you have received this message in error, please
`(i) do not read it, (ii) reply to the sender that you received the message in error, and (iii) erase or destroy the
`message. Legal advice contained in the preceding message is solely for the benefit of the Foley & Lardner LLP
`client(s) represented by the Firm in the particular matter that is the subject of this message, and may not be
`relied upon by any other party. Internal Revenue Service regulations require that certain types of written advice
`include a disclaimer. To the extent the preceding message contains advice relating to a Federal tax issue, unless
`expressly stated otherwise the advice is not intended or written to be used, and it cannot be used by the recipient
`or any other taxpayer, for the purpose of avoiding Federal tax penalties, and was not written to support the
`promotion or marketing of any transaction or matter discussed herein.
`Please consider the environment before printing this email.
`
`The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended
`recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure,
`dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this
`communication in error, please reply to the sender and destroy all copies of the message. To contact us directly, send to
`postmaster@dlapiper.com. Thank you.
`
`2