`Case 6:12—cv—OO799—JRG Document 83-6 Filed 11/05/13 Page 1 of 3 Page|D #: 2370
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`IN THE UNITED STATES DISTRICT COURT
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`EASTERN DISTRICT OF TEXAS
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`TYLER DIVISION
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`Case No. 6: 12-cv-00799-LED
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`INVENSYS SYSTEMS, INC.,
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`Plaintiff,
`
`vs.
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`EMERSON ELECTRIC CO. and
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`MICRO MOTION INC., USA,
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`Defendants,
`
`and
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`MICRO MOTION INC., USA,
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`Counterclaim-Plaintiff,
`
`vs.
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`INVENSYS SYSTEMS, INC.,
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`Counterclaim-Defendant.
`
`DECLARATION OF JAMES DAVIS
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`1, James Davis, do hereby declare as follows:
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`1.
`
`I am Vice President of North American Sales for Emerson Process Management
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`LLLP, which is a Delaware limited liability limited partnership that offers, among many other
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`things, pressure, temperature, and flow measurement products, control valves and Valve-related
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`instrumentation, process management systems, and process control and automation software as
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`well as provides engineering, consulting, project management, and maintenance services across
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`many industries.
`
`4813-0134-3510.1
`
`
`
`Case 6:12-cv-00799-JRG Document 83-6 Filed 11/05/13 Page 2 of 3 PageID #: 2371
`Case 6:12—cv—OO799—JRG Document 83-6 Filed 11/05/13 Page 2 of 3 Page|D #: 2371
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`2.
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`Emerson Process Management LLLP is a separate legal entity from Emerson
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`Electric Co. (“Emerson”), which as I understand it,
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`is one of the defendants in the above-
`
`captioned matter.
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`3.
`
`I have been employed by various entities within the Emerson Process
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`Management business platform for more than 25 years.
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`4.
`
`In my current role as Vice President of North American Sales for Emerson
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`Process Management LLLP, my responsibilities
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`include managing Emerson Process
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`Management LLLP’s distribution channel, which includes third party sales representatives,
`
`which are sometimes referred to as local business partners or LBPs.
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`5.
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`Scallon Controls, Inc. (“Scallon Controls”), which is located in Beaumont, Texas,
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`is one such LBP.
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`6.
`
`Scallon Controls, through agreements with Emerson Process Management LLLP,
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`has been appointed a sales, engineering, and service representative for certain Micro Motion, Inc.
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`products under certain conditions and in certain geographic territories.
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`7.
`
`Scallon Controls is an independent company and is not directly or indirectly
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`owned or controlled by Emerson or any Emerson subsidiary.
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`8.
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`I am familiar with the Scallon Controls’ website announcement about the opening
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`of the “Instrument & Valve Services Repair Center.” A copy of this announcement is attached to
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`this Declaration as Exhibit A.
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`9.
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`To my understanding, there is no such company called “Instrument & Valve
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`Services Repair Center.” Rather, the correct corporate name is the Instrument & Valve Services
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`Company, which is part of the Emerson Process Management business platform.
`
`4813-0134-3510.1
`
`
`
`Case 6:12-cv-00799-JRG Document 83-6 Filed 11/05/13 Page 3 of 3 PageID #: 2372
`Case 6:12—cv—OO799—JRG Document 83-6 Filed 11/05/13 Page 3 of 3 Page|D #: 2372
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`10.
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`The Instrument & Valve Services Company is a company based in Marshalltown,
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`Iowa.
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`11.
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`The Instrument & Valve Services Company is a separate legal entity from both
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`Emerson Process Management LLLP and Emerson.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed on November A , 2013.
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`
`
`J. mes Davis
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`4813-0134—3510.1
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