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`Case 6:12—cv—00799—JRG Document 92-18 Filed 12/11/13 Page 1 of 3 Page|D #: 2553Case 6:12—cv—00799—JRG Document 92-18 Filed 12/11/13 Page 1 of 3 Page|D #: 2553
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`EXHIBIT R
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`EXHIBIT REXHIBIT R
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`Case 6:12-cv-00799-JRG Document 92-18 Filed 12/11/13 Page 2 of 3 PageID #: 2554
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`INVENSYS SYSTEMS, INC.
`Plaintiff, (cid:9)
`
`v.
`
`EMERSON ELECTRIC CO. and
`MICRO MOTION INC., USA,
`
`Defendants.
`
`C.A. No.: 6:12-cv-00799-LED
`
`JURY TRIAL DEMANDED
`
`DECLARATION OF CLAUDIA WILSON FROST
`
`I, Claudia Wilson Frost, do hereby declare as follows:
`
`1. My name is Claudia Wilson Frost. I am over 18 years of age, of sound mind, and capable
`of making this declaration. I have personal knowledge of the facts set forth in this
`declaration, and they are all true and correct.
`
`2.
`
`3.
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`I am a partner at DLA Piper LLP (US).
`
`To the extent the Court concludes that the evidence Plaintiff Invensys Systems, Inc.
`("Invensys") has already put forward in opposition to Defendant Emerson Electric Co.'s
`("Emerson") Motion for Summary Judgment of Non-Infringement, ECF No. 83, is
`insufficient to preclude summary judgment, Invensys needs discovery on the following
`topics (among other) in order to fully respond to Emerson's motion:
`
`a) Which company's employees or representatives respond to service and support
`requests (on-site and remotely) for the accused flowmeters?
`
`b) Which company's employees or representatives provide training for the
`accused flowmeters?
`
`c) Which company's employees or representatives sell the accused flowmeters?
`
`d) Which company do these service, training, and sales representatives hold
`themselves out as representing?
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`e) Which company do purchasers pay for the accused flowmeters and for service
`and training on those flowmeters?
`
`
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`Case 6:12-cv-00799-JRG Document 92-18 Filed 12/11/13 Page 3 of 3 PageID #: 2555
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`4. (cid:9)
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`This information will show that Emerson directly infringes by selling, using, and offering
`for sale the accused flowmeters and indirectly infringes by promoting the sale of,
`instructing in the use of, and repairing the accused flowmeters.
`
`I declare under penalty of perjury that the foregoing is true and correct. Executed on
`December 1/ , 2013.
`
`Claudia Wilsoli/Frott.-
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