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