Case 6:15-cv-00907-RWS-KNM Document 52 Filed 02/29/16 Page 1 of 14 PageID #: 1018
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`
`
`
`
`
`Civil Action No. 6:15-CV-907-JRG-KNM
`
`
`SIPCO LLC, and
`IP CO., LLC (d/b/a INTUS IQ)
`
`Plaintiffs,
`
`
`
`
`
`
`
`v.
`
`EMERSON ELECTRIC CO., EMERSON
`PROCESS MANAGEMENT LLLP,
`FISHER-ROSEMOUNT SYSTEMS, INC.,
`ROSEMOUNT INC., BP PLC, BP
`AMERICA, INC., and BP AMERICA
`PRODUCTION COMPANY
`
`
`
`Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`BP AMERICA, INC’S ANSWER TO FIRST AMENDED COMPLAINT
`
`Defendant BP America, Inc., (“BP America”), answers the First Amended Complaint of
`
`Plaintiffs SIPCO, LLC (“SIPCO”) and IP CO, LLC (d/b/a/INTUS IQ) (“IP CO”) (collectively,
`
`“Plaintiffs”), as follows in the correspondingly numbered paragraphs:
`
`1.
`
`BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`2.
`
`BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`3.
`
`BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`4.
`
`BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`
`
`
`
`
`Civil Action No. 6:15-CV-907-JRG-KNM
`
`
`SIPCO LLC, and
`IP CO., LLC (d/b/a INTUS IQ)
`
`Plaintiffs,
`
`
`
`
`
`
`
`v.
`
`EMERSON ELECTRIC CO., EMERSON
`PROCESS MANAGEMENT LLLP,
`FISHER-ROSEMOUNT SYSTEMS, INC.,
`ROSEMOUNT INC., BP PLC, BP
`AMERICA, INC., and BP AMERICA
`PRODUCTION COMPANY
`
`
`
`Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`BP AMERICA, INC’S ANSWER TO FIRST AMENDED COMPLAINT
`
`Defendant BP America, Inc., (“BP America”), answers the First Amended Complaint of
`
`Plaintiffs SIPCO, LLC (“SIPCO”) and IP CO, LLC (d/b/a/INTUS IQ) (“IP CO”) (collectively,
`
`“Plaintiffs”), as follows in the correspondingly numbered paragraphs:
`
`1.
`
`BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`2.
`
`BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`3.
`
`BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`4.
`
`BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`
`
`Case 6:15-cv-00907-RWS-KNM Document 52 Filed 02/29/16 Page 2 of 14 PageID #: 1019
`
`5.
`
`BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`6.
`
`BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`7.
`
`BP America denies that BP America, Inc. can be served through the CT entity at
`
`the address identified in this Paragraph; and admits the remaining allegations of this Paragraph.
`
`8.
`
`BP America denies that BP America Production Company can be served through
`
`the CT entity at the address identified in this Paragraph; and admits the remaining allegations of
`
`this Paragraph.
`
`9.
`
`BP America admits that BP p.l.c. is a British public limited company with its
`
`corporate headquarters in London, England, SW1Y 4PD and that BP America, Inc. and BP
`
`America Production Company are indirectly wholly-owned subsidiaries of BP p.l.c. BP America
`
`denies the remaining allegations of this Paragraph.
`
`10. Admitted that, in general, claims for patent infringement arise under the cited
`
`statutes; denied that the Complaint actually asserts a claim for patent infringement under the
`
`cited statutes.
`
`11. Admitted.
`
`12. BP America denies the allegations in the first sentence of this Paragraph. BP
`
`America denies the allegations in the second and third sentences of this Paragraph including
`
`allegations that these two sentences are an “example” of the allegations in the first sentence;
`
`except that BP America admits that BP has reported its largest number of employees were in
`
`Houston, 6000+ employees were in Texas and 28,000+ jobs were supported in Texas, $160
`
`million+ royalties, property, production and state income/franchise taxes were paid in Texas,
`
`- 2 -
`
`
`
`Case 6:15-cv-00907-RWS-KNM Document 52 Filed 02/29/16 Page 3 of 14 PageID #: 1020
`
`$9.2 million was spent with vendors, and Texas-based activities included oil and gas exploration
`
`and production, research and innovation, natural gas and power trading, petrochemical
`
`production and wind power generation, but denies that those activities were performed by the
`
`entities specified in this Paragraph or lacks knowledge or information sufficient to form a belief
`
`as to the attribution of the entities specified in this Paragraph and therefore denies them. BP
`
`America denies the remaining allegations of this Paragraph.
`
`13. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`14. Denied.
`
`15. Denied.
`
`16. Admitted.
`
`17. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`18. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`19. Denied.
`
`20. Admitted.
`
`21. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`22. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`23. Denied.
`
`24. Admitted.
`
`- 3 -
`
`
`
`Case 6:15-cv-00907-RWS-KNM Document 52 Filed 02/29/16 Page 4 of 14 PageID #: 1021
`
`25. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`26. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`27. Denied.
`
`28. Admitted.
`
`29. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`30. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`31. Denied.
`
`32. Admitted.
`
`33. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`34. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`35. Denied.
`
`36. Admitted.
`
`37. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`38. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`- 4 -
`
`
`
`Case 6:15-cv-00907-RWS-KNM Document 52 Filed 02/29/16 Page 5 of 14 PageID #: 1022
`
`39. Denied.
`
`40. Admitted.
`
`41. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`42. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`43. Denied.
`
`44. Admitted.
`
`45. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`46. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`47. Denied.
`
`48. Admitted.
`
`49. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`50. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`51. Denied.
`
`52. Admitted.
`
`53. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`- 5 -
`
`
`
`Case 6:15-cv-00907-RWS-KNM Document 52 Filed 02/29/16 Page 6 of 14 PageID #: 1023
`
`54. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`55. Denied.
`
`56. Admitted.
`
`57. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`58. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`59. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`60. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`61. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`62. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`63. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`64. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`65. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`- 6 -
`
`
`
`Case 6:15-cv-00907-RWS-KNM Document 52 Filed 02/29/16 Page 7 of 14 PageID #: 1024
`
`66. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`67. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`68. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`69. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`70. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`71. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`72. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`73. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`74. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`75. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`76. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`- 7 -
`
`
`
`Case 6:15-cv-00907-RWS-KNM Document 52 Filed 02/29/16 Page 8 of 14 PageID #: 1025
`
`77. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`78. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`79. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`80. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`81. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`82. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`83. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`84. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`85. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`86. BP America lacks knowledge or information sufficient to form a belief as to the
`
`truth of the allegations of this Paragraph, and therefore denies them.
`
`87.-300.
`
`BP America denies that it has bought, used or imported any of the
`
`Emerson products identified in these paragraphs, and otherwise lacks knowledge or information
`
`- 8 -
`
`
`
`Case 6:15-cv-00907-RWS-KNM Document 52 Filed 02/29/16 Page 9 of 14 PageID #: 1026
`
`sufficient to form a belief as to the truth of the allegations contained in the Paragraphs of these
`
`Counts, and therefore denies them.
`
`BP AMERICA’S RESPONSE TO
`PLAINTIFFS’ PRAYER FOR RELIEF
`BP America denies that Plaintiffs are entitled to any of the relief sought in their prayer for
`
`relief.
`
`BP AMERICA’S JURY DEMAND
`
`BP America demands a trial by jury.
`
`BP AMERICA’S DEFENSES
`
`BP America asserts the following additional defenses to the Complaint, without altering
`
`the burden of proof. BP America does not assume the burden of proof on any issue that is
`
`Plaintiffs’ burden as a matter of law. BP America reserves the right to amend or supplement
`
`these defenses upon discovery and further investigation.
`
`FIRST DEFENSE
`FAILURE TO STATE A CLAIM
`
`Plaintiffs’ Complaint fails to state a claim upon which relief may be granted and/or fails
`
`to plead the allegations with sufficient particularity.
`
`SECOND DEFENSE
`NONINFRINGEMENT
`
`Upon information and belief, BP America does not infringe and has not infringed any
`
`valid and enforceable claim of the Patents-In-Suit, either literally, or under the doctrine of
`
`equivalents, directly, by active inducement, or by contributing to infringement by others.
`
`THIRD DEFENSE
`INVALIDITY
`
`- 9 -
`
`
`
`Case 6:15-cv-00907-RWS-KNM Document 52 Filed 02/29/16 Page 10 of 14 PageID #: 1027
`
`Upon information and belief, one or more of the claims of the Patents-In-Suit is invalid
`
`for failure to satisfy one or more conditions for patentability set forth in Title 35 of the United
`
`States Code, including without limitation, for example, 35 U.S.C. §§ 101, 102, 103, and/or 112
`
`and the rules, regulations and laws associated with them.
`
`FOURTH DEFENSE
`LIMITATIONS ON DAMAGES
`
`Upon information and belief, Plaintiffs’ claim for damages for infringement of the
`
`Patents-In-Suit is limited by 35 U.S.C. §§ 286 and 287.
`
`FIFTH DEFENSE
`LACK OF STANDING
`
`Upon information and belief, Plaintiffs lack standing to maintain the Complaint.
`
`SIXTH DEFENSE PROSECUTION
`LACHES AND UNCLEAN HANDS
`
`Upon information and belief, one or more of the claims of the Patents-In-Suit is
`
`unenforceable as asserted, in whole or in part, by prosecution laches, and/or unclean hands.
`
`SEVENTH DEFENSE
`PATENT EXHAUSTION/LICENSE/FULL COMPENSATION
`
`Upon information and belief, Plaintiffs’ claims are precluded, in whole or in part, by
`
`patent exhaustion and/or license.
`
`EIGHTH DEFENSE
`WAIVER, LACHES, ACQUIESCENCE AND ESTOPPEL
`
`Upon information and belief, Plaintiffs’ claims for enforcement of the Patents-In-Suit
`
`against BP America are barred by waiver, laches, acquiescence and/or estoppel.
`
`- 10 -
`
`
`
`Case 6:15-cv-00907-RWS-KNM Document 52 Filed 02/29/16 Page 11 of 14 PageID #: 1028
`
`NINTH DEFENSE
`INTERVENING RIGHTS
`
`Upon information and belief, Plaintiffs’ claim for damages for infringement of the
`
`Patents-In-Suit is limited by the doctrine of intervening rights.
`
`TENTH DEFENSE
`NO INJUNCTIVE RELIEF
`
`Upon information and belief, Plaintiffs are not entitled to injunctive relief.
`
`
`WHEREFORE, BP America respectfully requests that the Court enter judgment:
`
`1.
`
`2.
`
`3.
`
`denying Plaintiffs the relief they seek;
`
`dismissing Plaintiffs’ claims with prejudice;
`
`declaring that each of the asserted claims of the Patents-in-Suit is invalid under 35
`
`U.S.C. § 101 et seq. and unenforceable in equity;
`
`4.
`
`declaring that the accused products have not infringed, and will not infringe, any
`
`of the asserted claims of the Patents-In-Suit, either directly, by active inducement, or by
`
`contributing to infringement by others, either literally or under the doctrine of equivalents;
`
`5.
`
`enjoining the Plaintiffs and/or any affiliates, agents, successors and attorneys, and
`
`all persons in active concert or participation with any of them, from directly or indirectly
`
`asserting infringement against, or instituting any further action for infringement of the asserted
`
`claims of the Patents-in-Suit against BP America, or any of its customers, affiliates, successors,
`
`assigns, representatives, agents, subsidiaries, and vendors;
`
`6.
`
`finding that this is an exceptional case under 35 U.S.C. § 285 and awarding BP
`
`America the costs and expenses of this litigation, including reasonable attorneys’ fees and
`
`disbursements;
`
`- 11 -
`
`
`
`Case 6:15-cv-00907-RWS-KNM Document 52 Filed 02/29/16 Page 12 of 14 PageID #: 1029
`
`7.
`
`awarding to BP America such other and further relief as the Court may deem just
`
`and proper under the circumstances.
`
`- 12 -
`
`
`
`Case 6:15-cv-00907-RWS-KNM Document 52 Filed 02/29/16 Page 13 of 14 PageID #: 1030
`
`Dated: February 29, 2016
`
`Respectfully submitted,
`
` /s/ Melissa R. Smith
`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 BP AMERICA, INC.
`
`- 13 -
`
`
`
`Case 6:15-cv-00907-RWS-KNM Document 52 Filed 02/29/16 Page 14 of 14 PageID #: 1031
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on this 29th day of February, 2016, a true and
`
`correct copy of the foregoing document has been served via the Court’s ECF system to all
`
`counsel of record.
`
`/s/ Melissa R. Smith______________
`Melissa R. Smith
`
`- 14 -
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
