Case 6:12-cv-00799-JRG Document 92-1 Filed 12/11/13 Page 1 of 3 PageID #: 2490
`Case 6:12—cv—00799—JRG Document 92-1 Filed 12/11/13 Page 1 of 3 Page|D #: 2490
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`EXHIBIT A
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`EXHIBIT A
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`Case 6:12-cv-00799-JRG Document 92-1 Filed 12/11/13 Page 2 of 3 PageID #: 2491
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`C.A. No.: 6:12-cv-00799-LED
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`JURY TRIAL DEMANDED
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`§
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`INVENSYS SYSTEMS, INC.
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`v.
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`Plaintiff,
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`EMERSON ELECTRIC CO. and
`MICRO MOTION INC., USA,
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`Defendants.
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`DECLARATION OF ROBERT ARIAS
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`I, Robert Arias, do hereby declare as follows:
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`I am over 18 years of age, of sound mind, and capable of
`My name is Robert Arias.
`I have personal knowledge of the facts set forth in this
`making this declaration.
`declaration, and they are all true and correct.
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`I am a Product Sales Executive for Plaintiff Invensys Systems, Inc. (“Invensys”). I work
`in Houston, Texas.
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`I am responsible for business development and strategic planning for Invensys’s North
`American sales of Coriolis flowmeters and Vortex flowmeters.
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`Prior to joining Invensys in June 2012, I was a self-employed consultant serving clients
`in the energy and oil and gas industry sectors. My consulting services involved sourcing
`systems integration and programming products for my clients.
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`While working as a consultant, I assisted my clients in sourcing Coriolis flowmeters,
`including Micro Motion, Inc. (“Micro Motion”) branded products. In this capacity, I was
`contacted by representatives of Emerson Process Management (“EPM”) who offered me
`(on behalf of my clients) access to their full suite of products, including Micro Motion
`and Rosemount branded products.
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`Specifically, EPM representatives contacted me about purchasing Micro Motion Elite
`Coriolis flowmeters for my clients.
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`Sales negotiations and discussions of my clients’ technical requirements were conducted
`by EPM representatives, not by representatives of Micro Motion or other EPM brands.
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`When my clients desired to purchase products across multiple EPM brands (such as
`Micro Motion and Rosemount, Inc.), I would contact an EPM purchasing agent. A single
`purchase order for the differently branded products would then be issued from EPM.
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`Case 6:12-cv-00799-JRG Document 92-1 Filed 12/11/13 Page 3 of 3 PageID #: 2492
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`9. When my clients needed to service or repair a Micro Motion Elite Coriolis flowmeter,
`most requests were handled by an EPM representative. Micro Motion technicians only
`became involved when major or complex technical repairs were required.
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`10. EPM certified technicians visited my clients on-site to "prove up" (calibrate) Micro
`Motion Elite Coriolis meters after they had been installed.
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`11. Emerson also recently participated in a sales demonstration of the accused Coriolis
`flowmeters for a major oil and gas customer. (Because of a non-disclosure agreement,
`the identity of this customer is confidential.) Several flowmeter manufacturers, including
`both Invensys and Emerson, were invited to demonstrate their products to the oil and gas
`company. The presenter for Emerson identified himself as a representative of EPM. He
`was assisted by someone who identified himself as a representative of Micro Motion.
`The Micro Motion representative focused primarily on the technical aspects of the
`demonstration (i.e., setting up and operating the flowmeter), and the EPM representative
`was the person who primarily communicated with the attendees from the potential
`customer. The representatives from both EPM and Micro Motion actively participated in
`all aspects of the demonstration, however. During the demonstration, the Micro Motion
`flowmeter was actually used to measure oil flow from an oil and gas well, including
`during the presence of entrained gas. As a result of this sales demonstration, Emerson
`was awarded a portion of the oil and gas company's business. Invensys was not awarded
`a portion of the business.
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`12.
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`I am familiar with the way that EPM promotes, markets, and sells its branded products
`in the oil and gas and energy industry sectors, including Micro Motion Elite Coriolis
`flowmeters. EPM provides "integrated solutions" to customers by offering suites of
`products that meet a wide array of customer needs. EPM leverages its infrastructure to
`market, promote, and sell its multiple brands (including Micro Motion branded products).
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`13. EPM's marketing strategy is built around this ability to offer "integrated solutions" to its
`customers across a number of branded products. This offering is attractive to customers
`because it allows them to obtain a variety of products from a single source, rather than
`sourcing the products from a multitude of suppliers.
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`14. On /1////;0/3
` , I called 1-800-654-7768, the number for the North American
`Response Center listed in the brochure titled "On-Site Flow Calibration Service" (Ex. P).
`The line was answered "Emerson Process Management."
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`I declare under penalty of perjury that the foregoing is true and correct. Executed on
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