`Case 6:15-cv-00907-RWS-KNM Document 71-2 Filed 04/06/16 Page 1 of 3 PageID #: 1642
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE EASTERN DISTRICT OF TEXAS
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`TYLER DIVISION
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`SIP'co, LLC, and IF C0, LLC
`(d/b/a INTUS IQ),
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`Plaintiffs,
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`V.
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`EMERSON ELECTRIC CO., EMERSON
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`PROCESS MANAGEMENT LLLP, F ISHER—
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`ROSEMOUNT SYSTEMS, INC.,
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`ROSEMOUNT INC,, BP, p.l.c., BP
`AMERICA, INC., and BP AMERICA
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`PRODUCTION COMPANY,
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`Defendants.
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`Civil Action No. 6:15—cv—907
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`DECLARATION OF ROBERT KARSCHNIA
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`I, Robert Karschnia, do hereby declare as follows:
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`I.
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`I am a competent adult over 18 years of age.
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`I make the following statements
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`based upon my personal knowledge or upon the corporate knowledge of Rosemount, Inc.
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`(“Rosemount”) which I have obtained during the course of my employment with Rosemount.
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`2.
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`3.
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`I am Vice President/General Manager of Wireless Products, Rosemount Inc.
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`I have reviewed the allegations the plaintiffs in this case have made in their
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`Amended Complaint regarding the relationship between Emerson Electric Co., Emerson Process
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`Management LLLP, Fisher—Rosemount Systems, Inc., and Rosemount Inc. (collectively,
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`“Emerson”) and BP, p,l.c., BP America, Inc. and BP America Production Company (collectively,
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`C‘BP’3)'
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`Case 6:15-cv-00907-RWS-KNM Document 71-2 Filed 04/06/16 Page 2 of 3 PageID #: 1643
`Case 6:15-cv-00907-RWS-KNM Document 71-2 Filed 04/06/16 Page 2 of 3 PageID #: 1643
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`4.
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`l have personal knowledge regarding Emerson’s relationship with BP. Emerson
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`makes and sells the Smart Wireless products accused of infringement in this case. Emerson sells
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`the Smart Wireless products to a large number of customers including BP.
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`5.
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`Although Emerson and BP have a supply agreement, that agreement is not itself a
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`purchase order. BP, however, can place orders for Emerson’s Smart Wireless Solutions products
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`or related services pursuant to the terms and conditions of that supply agreement, and Emerson
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`will fulfill those orders, just as Emerson would do for any other customer.
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`6.
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`BP is not contractually obligated to Emerson to operate remote field devices,
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`network managers, and gateways in conformance with the WirelessHART standard that is used
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`by Emerson Smart Wireless Solution products. Emerson’s Smart Wireless Solutions products
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`are designed to operate according to aspects of the WirelessHART standards. But BP is not
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`contractually obligated to Emerson to operate those devices at all, or according to any standards.
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`7.
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`Emerson does not condition BP’s use of Smart Wireless Solutions to BP’s
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`adherence to the WirelessHART standards. Emerson does not direct or control BP to adhere to
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`the WirelessllART standards. Emerson does not establish the manner or timing of BP’s
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`installation or use of Smart Wireless Solutions products. Emerson does not direct BP’s
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`deployment of Smart Wireless field devices at BP’S oil and gas wellheads, including those
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`located in East Texas. Moreover, Emerson does not install, operate, or monitor any Smart
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`Wireless products for BP. Emerson does not have the right or ability to put conditions on the
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`Smart Wireless products it sells to BP.
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`In addition, Emerson does not receive any compensation
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`or other pecuniary benefit based on BP’s commercial use of the Smart Wireless products
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`purchased from Emerson.
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`l li
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`Case 6:15-cv-00907-RWS-KNM Document 71-2 Filed 04/06/16 Page 3 of 3 PageID #: 1644
`Case 6:15-cv-00907-RWS-KNM Document 71-2 Filed 04/06/16 Page 3 of 3 PagelD #: 1644
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`or other pecuniary benefit based on BP’s commercial use of the Smart Wireless products
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`purchased from Emerson.
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`8.
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`Plaintiff’s Amended Complaint makes reference to a 10-year agreement between
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`B? and Emerson signed around August 2015. The agreement referred to by plaintiffs does not
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`require Emerson to provide any products or services, or require BP to operate products at
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`particular times or in a particular manner. Instead, the agreement specifies the terms and
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`conditions under which Emerson will supply products or services, ifBP later requests the
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`purchase ol‘products or services.
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`9,
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`Because plaintiffs’ allegations against 81’ in this case are based on BP’s purchase
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`and use of Emerson’s Smart Wireless products, Emerson is indemnifying and defending BP
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`against plaintiff's;’ claims in this case.
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`10‘
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`Emerson’s Smart Wireless products are not specially made for BP or for the
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`production and transportation of oil and gas. Emerson’s Smart Wireless products are purchased
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`and used by customers in a wide variety of industries in the United States.
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`1 l,
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Dated: March29, 2016
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`_Wé__flw_vim,
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`Robert
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`‘l arschnia
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