Case 6:15-cv-00907-RWS-KNM Document 40 Filed 02/05/16 Page 1 of 4 PageID #: 881
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`SIPCO, LLC, and IP CO, LLC
`(d/b/a INTUS IQ),
`
`
`
` v.
`
`EMERSON ELECTRIC CO., EMERSON
`PROCESS MANAGEMENT LLLP, FISHER-
`ROSEMOUNT SYSTEMS, INC.,
`ROSEMOUNT INC., BP, p.l.c., BP
`AMERICA, INC., and BP AMERICA
`PRODUCTION COMPANY,
`
`
`
`
`
`
`
`Defendants.
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`
` Civil Action No. 6:15-cv-907
`
`
`
`
`
`JOINT MOTION FOR AN EXTENSION OF TIME TO SERVE DISCLOSURES
`AND PRODUCE ACCOMPANYING DOCUMENTS
`
`Plaintiffs SIPCO, LLC and IP Co, LLC (d/b/a INTUS IQ) (collectively “Plaintiffs” or
`
`“SIPCO”) and Defendants Emerson Electric Co., Emerson Process Management LLLP, Fisher-
`
`Rosemount Systems, Inc., Rosemount, Inc., BP America, Inc., and BP America Production
`
`Company (collectively “Defendants”)1 hereby jointly move to extend the deadlines for service of
`
`disclosures and production of accompanying documents as set forth below:
`
` Date for Plaintiffs to serve disclosure of asserted claims and infringement contentions
`
`and to produce accompanying documents in accordance with P.R. 3-1 and 3-2 is
`
`extended from February 8, 2016 to February 29, 2016.
`
` Date for Defendants to serve invalidity contentions and to produce accompanying
`
`documents in accordance with P.R. 3-3 and 3-4 is extended from April 4, 2016 to
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`May 16, 2016.
`
`1 Defendant BP, p.l.c. is a foreign entity. It has not been served with the First Amended Complaint. Plaintiffs are in
`the process of attempting to serve the First Amended Complaint abroad.
`
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`SIPCO, LLC, and IP CO, LLC
`(d/b/a INTUS IQ),
`
`
`
` v.
`
`EMERSON ELECTRIC CO., EMERSON
`PROCESS MANAGEMENT LLLP, FISHER-
`ROSEMOUNT SYSTEMS, INC.,
`ROSEMOUNT INC., BP, p.l.c., BP
`AMERICA, INC., and BP AMERICA
`PRODUCTION COMPANY,
`
`
`
`
`
`
`
`Defendants.
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`
`
`
` Civil Action No. 6:15-cv-907
`
`
`
`
`
`JOINT MOTION FOR AN EXTENSION OF TIME TO SERVE DISCLOSURES
`AND PRODUCE ACCOMPANYING DOCUMENTS
`
`Plaintiffs SIPCO, LLC and IP Co, LLC (d/b/a INTUS IQ) (collectively “Plaintiffs” or
`
`“SIPCO”) and Defendants Emerson Electric Co., Emerson Process Management LLLP, Fisher-
`
`Rosemount Systems, Inc., Rosemount, Inc., BP America, Inc., and BP America Production
`
`Company (collectively “Defendants”)1 hereby jointly move to extend the deadlines for service of
`
`disclosures and production of accompanying documents as set forth below:
`
` Date for Plaintiffs to serve disclosure of asserted claims and infringement contentions
`
`and to produce accompanying documents in accordance with P.R. 3-1 and 3-2 is
`
`extended from February 8, 2016 to February 29, 2016.
`
` Date for Defendants to serve invalidity contentions and to produce accompanying
`
`documents in accordance with P.R. 3-3 and 3-4 is extended from April 4, 2016 to
`
`May 16, 2016.
`
`1 Defendant BP, p.l.c. is a foreign entity. It has not been served with the First Amended Complaint. Plaintiffs are in
`the process of attempting to serve the First Amended Complaint abroad.
`
`
`
`
`
`Case 6:15-cv-00907-RWS-KNM Document 40 Filed 02/05/16 Page 2 of 4 PageID #: 882
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`As grounds for this joint motion, the parties state as follows:
`
`1.
`
`Plaintiffs filed the First Amended Complaint on December 30, 2015, which
`
`named four new Defendants and added one additional patent. [Dkt. No. 19].
`
`2.
`
`Plaintiffs’ lead attorneys participated in a two-week, out-of-state patent
`
`infringement trial in January, 2016. Preparation for the trial started in earnest in November 2015
`
`and continued through the start of trial in January, 2016. The trial ended during the week of
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`January 25, 2016.
`
`3.
`
`Because Plaintiffs’ counsel attended to trial preparations from November, 2015,
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`to January, 2016, and participated in trial until the week of January 25, 2016, Plaintiffs
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`respectfully submit that additional time is needed to prepare their disclosure of asserted claims
`
`and infringement contentions and to produce accompanying documents.
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`4.
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`Plaintiffs requested, and Defendants assented to, a three-week extension of time
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`for Plaintiffs to serve their disclosure of asserted claims and infringement contentions and to
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`produce accompanying documents in accordance with P.R. 3-1 and 3-2.
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`5.
`
`Due to the large number of patents in this case, and the unknown number of
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`claims that may be asserted, Defendants anticipate requiring additional time to prepare invalidity
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`contentions and produce accompanying documents.
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`6.
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`Defendants requested, and Plaintiffs assented to, a six-week extension of time for
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`Defendants to serve their invalidity contentions and to produce accompanying documents in
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`accordance with P.R. 3-3 and 3-4. The six-week extension takes into account the three weeks
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`requested by Plaintiffs for their disclosure of asserted claims and infringement contentions, plus
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`2
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`
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`Case 6:15-cv-00907-RWS-KNM Document 40 Filed 02/05/16 Page 3 of 4 PageID #: 883
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`an additional three weeks for Defendants to prepare their invalidity contentions and to produce
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`accompanying documents.
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`7.
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`8.
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`The Scheduling Conference is set for February 22, 2016.
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`These extensions will not prejudice either party.
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`Wherefore, for the reasons set forth herein, the parties respectfully request the Court to
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`Grant this motion and extend the deadlines for service of contentions and accompanying
`
`document production as follows:
`
` Date for Plaintiffs to serve disclosure of asserted claims and infringement contentions
`
`and to produce accompanying documents in accordance with P.R. 3-1 and 3-2 is
`
`extended from February 8, 2016 to February 29, 2016.
`
` Date for Defendants to serve invalidity contentions and to produce accompanying
`
`documents in accordance with P.R. 3-3 and 3-4 is extended from April 4, 2016 to
`
`May 16, 2016.
`
`
`
`
`
`Dated: February 5, 2016
`
`
`
`
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`Respectfully Submitted,
`
`
`
`
`
`
`
`/s/ Claire Abernathy Henry
`T. John Ward, Jr.
`Texas State Bar No. 00794818
`Email: jw@wsfirm.com
`Claire Abernathy Henry
`Texas State Bar No. 24053063
`Email: claire@wsfirm.com
`WARD, SMITH & HILL, PLLC
`P.O. Box 1231
`1127 Judson Road, Ste. 220
`Longview, Texas 75606-1231
`Telephone: (903) 757-6400
`Facsimile: (903) 757-2323
`
`3
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`Case 6:15-cv-00907-RWS-KNM Document 40 Filed 02/05/16 Page 4 of 4 PageID #: 884
`
`
`Paul J. Cronin, Admitted July 16, 2012
`LEAD ATTORNEY
`(MA Bar No. 641230)
`James C. Hall, Admitted April 9, 2012
`(MA Bar No. 656019)
`NUTTER MCCLENNEN & FISH LLP
`155 Seaport Boulevard
`Boston, Massachusetts 02210
`Telephone: (617) 439-2000
`Facsimile: (617) 310-9000
`Email: pcronin@nutter.com
`Email: jhall@nutter.com
`ATTORNEYS FOR PLAINTIFFS
`
`___/s/ Melissa R. Smith (with permission Claire
`Abernathy Henry)
`
`
`
`Melissa R. Smith
`State Bar No. 24001351
`GILLAM & SMITH, LLP
`303 South Washington Avenue
`Marshall, Texas 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`Email: melissa@gillamsmithlaw.com
`
`Donald L. Jackson
`James D. Berquist
`J. Scott Davidson
`DAVIDSON BERQUIST JACKSON &
`GOWDEY, LLP
`8300 Greensboro Dr., Suite 500
`McLean, VA 22102
`ATTORNEYS FOR DEFENDANTS
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`CERTIFICATE OF SERVICE
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`4
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`I, Claire Abernathy Henry, hereby certify that the foregoing document has been served
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`upon all registered parties via EFC and has been mailed to those parties who are not registered.
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`/s/ Claire Abernathy Henry
`
`
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`
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