`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`C.A. No. 6:12-cv-00799-LED
`
`§
`INVENSYS SYSTEMS, INC.,
`§
`
`
`§
`
`Plaintiff,
`§
`v.
`
`§
`
`
`§
`EMERSON ELECTRIC CO. and
`§
`MICRO MOTION INC., USA,
`§
`
`
`§
`
`Defendants,
`§
`and
`
`§
`
`
`§
`MIRCO MOTION INC., USA,
`§
`
`
`§
`
`Counterclaim-Plaintiff,
`§
`v.
`
`§
`
`
`§
`INVENSYS SYSTEMS, INC.,
`§
`
`
`
`Counterclaim-Defendant. §
`
`JOINT MOTION TO AMEND DOCKET CONTROL ORDER
`
`
`
`On September 3, 2013, the Court entered the Second Amended Docket Control Order
`
`(Dkt. No. 69) in this case. The Second Amended Docket Control Order contains certain
`
`deadlines and provisions relating to the Federal Circuit Advisory Council’s “Model Order
`
`Limiting Excess Patent Claims and Prior Art.” (Dkt. No. 69 at 7).
`
`The Parties have met and conferred and agree and stipulate, subject to the Court’s
`
`approval, on an extension of various deadlines related to claim construction discovery,
`
`preliminary election of claims and prior art, and document production, as follows:
`
`
`
`
`
`ORIGINAL DATE AMENDED DATE
`12/07/13
`12/07/13 (no change)
`
`EVENT
`Privilege Logs to be exchanged by parties (or a
`letter to the Court stating that there are no disputes
`as to claims of privileged documents).
`
`EAST\66229406.1
`
`
`
`Case 6:12-cv-00799-JRG Document 84 Filed 11/12/13 Page 2 of 4 PageID #: 2383
`
`12/7/13
`
`01/10/14
`
`60 days after
`completion of the
`P.R. 3-4
`production
`
`12/03/13
`
`(81 days after
`completion of the P.R.
`3-4 production)
`
`11/08/13
`
`12/02/13
`
`
`
`Exchange Preliminary Claim Constructions and
`Extrinsic Evidence
`Preliminary Election of Asserted Claims. Not later
`than 60 days after a Party completes its P.R. 3-4
`production, including circuit diagrams and making
`the source code available, the opposing Party will
`serve its Preliminary Election of Asserted Claims.
`The opposing Party may elect not more than 10
`claims per asserted patent and not more than a total
`of 55 claims from all asserted patents.
`Deadline for substantial completion of document
`production for fact discovery, except for P.R. 3-7
`production.
`
`The amendments will not affect any other case deadlines and are not sought for the
`
`purposes of delay. The Parties respectfully request that the Court enter their proposed Third
`
`Amended Docket Control Order, attached as Exhibit A.
`
`Dated: November 12, 2013
`
`
`
`
`Respectfully submitted,
`
`
`
`/s/ Todd Patterson
`Claudia Wilson Frost
`State Bar No. 21671300
`Jeffrey L. Johnson
`State Bar No. 24029638
`Dawn M. Jenkins
`State Bar No. 24074484
`DLA PIPER LLP
`1000 Louisiana, Suite 2800
`Houston, TX 77002
`Telephone: 713.425.8400
`Facsimile: 713.425.8401
`Claudia.Frost@dlapiper.com
`Jeffrey.Johnson@dlapiper.com
`Dawn.Jenkins@dlapiper.com
`
`Nicholas G. Papastavros
`Daniel Rosenfeld
`DLA PIPER LLP
`33 Arch Street, 26th Floor
`Boston, MA 02110
`Telephone: 617.406.6000
`Facsimile: 617.406.6100
`
`EAST\66229406.1
`
`
`- 2 -
`
`
`
`Case 6:12-cv-00799-JRG Document 84 Filed 11/12/13 Page 3 of 4 PageID #: 2384
`
`Nick.Papastavros@dlapiper.com
`Daniel.Rosenfeld@dlapiper.com
`
`Todd S. Patterson
`DLA PIPER LLP
`401 Congress Ave., Suite 2500
`Austin, TX 78701-3799
`Telephone: 512.457.7017
`Facsimile: 512.721.2217
`todd.patterson@dlapiper.com
`
`ATTORNEYS FOR PLAINTIFF
`INVENSYS SYSTEMS, INC.
`
`
`EAST\66229406.1
`
`
`- 3 -
`
`
`
`Case 6:12-cv-00799-JRG Document 84 Filed 11/12/13 Page 4 of 4 PageID #: 2385
`
`
`/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, WI 53202
`Telephone: 414.271.2400
`Facsimile: 414.297.4900
`lhansen@foley.com
`rflorsheim@foley.com
`jcostakos@foley.com
`kjelenchick@foley.com
`mshin@foley.com
`
`Guy N. Harrison
`State Bar No. 00000077
`Harrison Law Firm
`217 N. Center Street
`Longview, TX 75606
`Telephone: 903.758.7361
`Facsimile: 903.753.9557
`guy@gnhlaw.com
`cj_gnharrison@att.net
`
`ATTORNEYS FOR EMERSON ELECTRIC
`CO. and MICRO MOTION INC., USA
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on November 12, 2013, all counsel of record who are
`
`
`
`deemed to have consented to electronic service are being served with a copy of this document via
`
`the Court’s CM/ECF system per Local Rule CV-5(a)(3). Any other counsel of record will be
`
`served by facsimile transmission and/or first class mail.
`
`/s/ Todd Patterson
`Todd Patterson
`
`
`
`EAST\66229406.1
`
`
`- 4 -
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