`Case 6:15-cv-00907-RWS-KNM Document 71-3 Filed 04/06/16 Page 1 of 2 PageID #: 1645
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`
`SIPCO, LLC, and IF CO, LLC
`
`(d/b/a INTUS IQ),
`
`Plaintiffs,
`
`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.
`
`
`
`Civil Action No. 6:15-cv—907
`
`DECLARATION OF EMILY TOOHEY IN SUPPORT OF
`DEFENDANTS’ JOINT MOTION TO SEVER AND STAY
`
`I, Emily E. Toohey, declare that:
`
`1.
`
`I am a Paralegal at the law office of Davidson Berquist Jackson & Gowdey, LLP,
`
`counsel to Defendants in the above—referenced matter.
`
`2.
`
`I have reviewed the infringement allegations made against the BP Defendants in
`
`this action and have determined that each of the infringement allegations against those BP
`
`Defendants arises from their use of the accused Emerson Smart Wireless products.
`
`3.
`
`The infringement claims against the BP Defendants make no mention of any other
`
`other manufacturer’s product.
`
`4.
`
`I have reviewed the infringement claims made in this action and determined that
`
`in Count I, the plaintiffs accused Emerson of infringing United States Patent No. 7,697,492. As
`
`
`
`Case 6:15-cv-00907-RWS-KNM Document 71-3 Filed 04/06/16 Page 2 of 2 PageID #: 1646
`Case 6:15-cv-00907-RWS—KNM Document 71-3 Filed 04/06/16 Page 2 of 2 PageID #: 1646
`
`Count II, plaintiffs accuse the BP Defendants of infringing that same patent. In Count HI,
`
`plaintiff accuse the Emerson and BP Defendants with jointly infringing that same patent.
`
`5.
`
`I declare under penalty of perjury under the laws of the United States of America
`
`that the foregoing is true and correct.
`
`Executed on March 17, 2016.
`
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`09135?
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`WMM_.__WW..V.WWNMto.
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