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Process Controls International v. Emerson Process Management et al

Case Summary: 10-cv-645CDP

This case involves a dispute between the original equipment manufacturer (OEM) of certain industrial control valves, components, and process control instrumentation and a remanufacturer of those parts. It originated when Process Controls (aka Automation Service) filed a suit against Emerson Process Management (Emerson), another remanufacturer, and its insurers (who were later dismissed by the court), claiming that Emerson was the OEM of these parts, as well as the remanufacturer, and was using various techniques to prevent Automation Service from selling the remanufactured products.

The true OEM, Fisher Controls International (Fisher), intervened in the case and counterclaimed against Automation Service alleging that, based on a 2007 lawsuit it filed against Automation Service, it and Automation Service had entered into a settlement agreement, which constitutes a contract, and that Automation Service was breaching numerous provisions of the contract by selling remanufactured parts that were not properly labeled thereby also engaging in unfair competition and false advertising. It also alleged that Automation Service stole thousands of its design drawings thereby misappropriating trade secrets and, by using those designs to remanufacture these parts, was infringing on Fisher’s trademark.

This video is of the first day of a 5 day trial and includes the judge’s jury instructions, the parties opening statements, and the beginning of Fisher’s evidence. The jury ultimately rendered a verdict for Fisher and against Automation Service for $5,445,901 and denied all other claims Automation Service made against other parties.

Case Highlights

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Case-related documents, including those referenced above, are available via the Public Access to Court Electronic Records (PACER) service. For more information, visit

Process Controls International v. Emerson Process Management et al
Process Controls International v. Emerson Process Management et al, Case Number 4:10cv645CDP, Jury Trial, 12/3/2012, 12:30 pm (CDT), Eagleton U.S. COURTHOUSE, St. Louis, MO, Chief Judge Catherine Perry presiding.

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