`
`Case 6:15:0v-00907-RWS-KNM Document 36-1 Filed 01/26/16 Page 1 0f- 2 PageID #: 866
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`IN THE UNTTED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF TEXAS
`
`TYLER DWISION
`
`§
`§
`§
`§
`§
`§ Civil Action No. 6 :15—CV—90‘7wJRG-
`§
`KNM
`§
`
`§ § § §
`
`SIPCO LLC, and
`I? CO., LLC (d/b/a INTUS IQ)
`Plaintiffs,
`
`v.
`EMERSON ELECTRIC (30.,
`EISHER—ROSEMOUNT SYSTEMS,
`INC, and
`ROSEMOUNT INC,
`Defendants.
`
`DECLARATION OF EMILY TOOHEY IN SUPPORT OF
`
`EMERSON DEFENDANTS’ MOTION TO DISMISS OR TRANSFER
`
`I, Emily E. Toohey, declare that:
`
`l.
`
`I am a Paralegal at the law office of Davidson Berquist Jackson & Gowdey, LLP,
`
`counsel to Defendants in the above-referenced matter.
`
`2.
`
`Attached as Attachments 1 is a true and correct copy of SIPCO, LLC and IF C0,
`
`LLC’S Exhibit A of SIPCO’S Disclosure of Infringement Contentions flied in the United States
`
`District Court for the Eastern District of Georgia Atlanta Division in Case No. 1:15-cv-00319~
`
`AT to identify the Emerson products accused of infringement in that action.
`
`3.
`
`I have reviewed the products lists identified above and have determined that the
`
`same products identified as allegedly infringing in the Georgia action are accused of
`
`infringement in both Counts I and II of this action.
`
`
`
`Case 6:15-cv-00907-RWS-KNM Document 36-1 Filed 01/26/16 Page 2 of 2 PageID #: 867
`
`Case 6:15-cv-00907aRWS-KNM Document 36-1 Filed 01/26/16 . Page 2 of 2 PageID #: 867
`
`4.
`
`Similarly, I have reviewed the products lists identified above and have determined
`
`that the same products identified as allegedly infringing in this action are accused of
`
`infringement in the Georgia action.
`
`5.
`
`I have reviewed US Patent No. 7,103,51 1 and have determined that SIPCO, LLC
`
`and IF CO, LLC have accused Emerson of infringing upon 19 out of 54 claims in the case filed
`
`in the United States District Court for the Eastern District of Georgia Atlanta Division in Case
`
`No. l:15-cv-00319~AT.
`
`6.
`
`I have reviewed US Patent No. 6,044,062 and have determined that SIPCO, LLC
`
`and IF CO, LLC have accused Emerson of infringing upon 9 out of 18 claims in the case filed in
`
`the United States District Court for the Eastern District of Georgia Atlanta Division in Case No.
`
`1 :15—cv—00319-AT.
`
`7.
`
`I declare under penalty of perjury under the laws of the United States of America
`
`that the foregoing is true and correct.
`
`Executed on January 26, 2016.
`
`flit/Lt,CLi QUWQ‘V
`
`Emily E. Tooh
`
`
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