DECLARATION OF ALI DANESHY
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`1.
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`My name is Ali Daneshy. I am over the age of twenty-one (21) years,
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`of sound mind, and capable of making the statements set forth in this Declaration.
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`I am competent to testify about the matters set forth herein. All the facts and
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`statements contained herein are within my personal knowledge and they are, in all
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`things, true and correct.
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`2.
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`I have been asked by Baker Hughes Incorporated (“Baker Hughes”) to
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`submit this declaration in support of its challenge to the validity of certain claims
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`of U.S. Patent No. 7,543,634 (“the ’634 Patent”).
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`I.
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`Education and Experience
`My curriculum vitae is attached as Exhibit 1.
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`3.
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`4.
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`I received a Master of Science Degree in Mining Engineering from
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`the University of Tehran in 19641, a Master of Science Degree in Mineral
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`Engineering (Rock Mechanics) from the University of Minnesota in 1968, and a
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`Ph.D. in Mining Engineering (Rock Mechanics) from the University of Missouri-
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`Rolla in 1969.
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`1 At that time, the University of Tehran did not offer a bachelor’s degree in
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`engineering.
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`BAKER HUGHES INCORPORATED
`Exhibit 1007
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`1.
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`My name is Ali Daneshy. I am over the age of twenty-one (21) years,
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`of sound mind, and capable of making the statements set forth in this Declaration.
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`I am competent to testify about the matters set forth herein. All the facts and
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`statements contained herein are within my personal knowledge and they are, in all
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`things, true and correct.
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`2.
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`I have been asked by Baker Hughes Incorporated (“Baker Hughes”) to
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`submit this declaration in support of its challenge to the validity of certain claims
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`of U.S. Patent No. 7,543,634 (“the ’634 Patent”).
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`I.
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`Education and Experience
`My curriculum vitae is attached as Exhibit 1.
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`3.
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`4.
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`I received a Master of Science Degree in Mining Engineering from
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`the University of Tehran in 19641, a Master of Science Degree in Mineral
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`Engineering (Rock Mechanics) from the University of Minnesota in 1968, and a
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`Ph.D. in Mining Engineering (Rock Mechanics) from the University of Missouri-
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`Rolla in 1969.
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`1 At that time, the University of Tehran did not offer a bachelor’s degree in
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`engineering.
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`BAKER HUGHES INCORPORATED
`Exhibit 1007
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`5.
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`I have more than 45 years of industry experience as a geo-mechanical
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`engineer primarily in technology and operations of hydraulic fracturing. I began
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`my career with Halliburton Company in 1969 and held numerous technology and
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`management positions at Halliburton for the next 29 years in areas such as well
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`stimulation, geo-mechanics, produced water management, software development,
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`fluid mechanics, intelligent completions, under-balanced drilling, on-site data
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`acquisition systems, etc. Each of the management positions I held at Halliburton
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`was created as a result of the growth of my previous projects.
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`6.
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`I started at Halliburton’s Duncan, Oklahoma Research Center in 1969
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`as a research engineer performing research related to hydraulic fracturing. During
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`this time, I developed a fracture design software named PROP that became a
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`widely used fracture design program. PROP was used thousands of times annually
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`to assist operators all over the world in planning and executing successful
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`fracturing treatments.
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`7.
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`In 1972, I was promoted to Group Leader of a new research group.
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`As Group Leader, I led a team of 15-20 engineers in research related to hydraulic
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`fracturing and other related fields (e.g., reservoir engineering, fluid mechanics).
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`The success of this research justified greater resources and, in 1975, I was
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`promoted to Section Supervisor, where I led a team of 30-50 engineers. During
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`this time, our team focused on several main projects: (1) on-site fracturing data
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`acquisition software development, (2) engineering research, (3) computerized
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`equipment used in the oil and gas field, (4) reservoir engineering, and (5) hydraulic
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`fracturing.
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`8.
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`The third of these projects was considered by many to be
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`revolutionary at the time. It involved on-site, computerized data acquisition and
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`analysis during hydraulic fracturing operations, primarily in oil and gas-bearing
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`wells. The results of this data analysis could be given to the customer at the well
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`site. No other company was performing this service at the time. In addition to
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`these developments, I helped develop curriculum and materials for training
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`regarding hydraulic fracturing and stimulation at Halliburton, which were used to
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`train engineers primarily in the field.
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`9.
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`In 1983, I was promoted to Department Manager of Reservoir
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`Research and Engineering, and was responsible for the performance of 40-50
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`engineers who were in my department. Much of the research performed by my
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`department during this time related to improving the technology of hydraulic
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`fracturing, and the use of computer technology, in order to increase production of
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`oil and gas wells and the efficiency of fracturing operations. For example, my
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`team developed equipment for automated mixing of fracturing fluids—composed
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`of additives and other chemicals—via computer control rather than manually.
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`These developments increased the effectiveness and decreased the cost of
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`fracturing treatments.
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`10.
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`I also worked with Halliburton during this time to advise and develop
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`technologies used by oil and gas companies in performing the first commercial
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`hydraulic fracturing operations in horizontal wells, including the very first—drilled
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`by Maersk Oil in 1987. In this capacity, I became familiar with the pioneering
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`“Perforate, Stimulate, Isolate” (“PSI”) system developed by Baker Oil Tools,
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`which reduced the time to create multiple fractures in a single wellbore from weeks
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`to days.
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`11.
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`In 1989, I formed and led Halliburton’s European Research Center
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`dedicated to oil and gas operations in the Eastern Hemisphere. While in this
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`capacity, I continued to develop technologies used by Maersk and others to
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`improve the production and efficiency of hydraulic fracturing of horizontally
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`drilled wells, including those used to overcome logistical challenges.
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`12.
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`In 1993, I became the Regional Technical Manager for Halliburton in
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`Europe and Africa, while I also advised customers in the Middle East and Asia
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`Pacific regions. As Regional Technical Manager, I worked directly with
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`operations engineers and personnel to help them implement various Halliburton
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`services, including services related to stimulation methods in horizontal wells.
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`Some of my responsibilities included ensuring that new engineers were properly
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`trained and had access to the most up-to-date technology and resources, and
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`promoting development of new technologies and methods to increase production
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`from oil and gas reservoirs.
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`13.
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`In 1996, I was promoted to Vice President of Integrated Technology
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`Products and moved to Houston, Texas. While in this capacity, I was responsible
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`for integrating leading-edge technologies into the oil and gas services business,
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`including underbalanced drilling, multi-lateral wells, advanced data management
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`techniques, intelligent completions, water control, and more.
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`14.
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`I retired from working at Halliburton in 1999, and formed a private
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`engineering consulting company where I continue to work as a technical advisor
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`and consultant to oil and gas companies, and oil and gas services companies,
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`throughout the world. My services include consultations regarding production
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`stimulation and hydraulic fracturing of vertical and non-vertical wells, well
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`completions, unconventional and
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`low permeability reservoir planning and
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`development, and reservoir stimulation.
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`15.
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`Shortly after retiring from Halliburton, in 2004 I became director of
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`the Petroleum Engineering Program at the University of Houston and, while in this
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`position, initiated the establishment of an undergraduate petroleum engineering
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`curriculum. I continue to teach as an adjunct professor at the University of
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`Houston to this day. I have also been a guest lecturer on topics related to well
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`completion and fracturing at many universities in the United States and abroad, and
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`have served on Ph.D. advisory boards and committees.
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`16. During my career, I have authored more
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`than 45
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`technical
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`publications and 15 papers related to technology management and creativity, which
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`are listed in my attached curriculum vitae, as well as book chapters, on the subject
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`of hydraulic fracturing. I am also the publisher and co-Editor-in-Chief of a
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`quarterly journal called “HFJ” (Hydraulic Fracturing Journal) dedicated entirely to
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`the dissemination of the latest hydraulic fracturing technologies.
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`17.
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`I have also received several awards and served in various positions—
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`including multiple chairman positions—on a large number of committees and
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`boards related to petroleum engineering. These positions and awards are listed in
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`my curriculum vitae. Notable positions include Director At Large on the Society
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`of Petroleum Engineers’ (“SPE”) Board of Directors, including two chair
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`positions, and Chairman of the Journal of Petroleum Technology Roundtable.
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`Notable awards include both the SPE Distinguished Member Award and the SPE
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`Distinguished Service Award for contributions to hydraulic fracturing, as well as
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`being named a SPE Distinguished Lecturer in 2004.
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`18. Having the above knowledge and experience, I am well qualified to
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`offer the opinions I express in this declaration.
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`II.
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`Compensation
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`19.
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`In consideration for my services, my work on this case is being billed
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`to Baker Hughes at an hourly rate of $562.50 per hour, independent of the outcome
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`of this proceeding. I am also being reimbursed for reasonable expenses I incur in
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`relation to my services provided for this proceeding.
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`III. Legal Considerations
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`20. My understanding of the law is based on information provided by
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`counsel for Baker Hughes.
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`21.
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`I understand that a claimed invention is obvious and, therefore, not
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`patentable if the subject matter claimed would have been considered obvious to a
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`person of ordinary skill in the art at the time that the invention was made. I
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`understand that there must be some articulated reasoning with some rational
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`underpinning to support a conclusion of obviousness. I further understand that
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`exemplary rationales that may support a conclusion of obviousness include:
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`(1) simply arranging old elements in a way in which each element performs the
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`same function it was known to perform, and the arrangement yields expected
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`results, (2) merely substituting one element for another known element in the field,
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`and the substitution yields no more than a predictable result, (3) combining
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`elements in a way that was “obvious to try” because of a design need or market
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`pressure, where there was a finite number of identified, predictable solutions,
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`(4) whether design incentives or other market forces in a field prompted variations
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`in a work that were predictable to a person of ordinary skill in the art, and (5) that
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`some teaching, suggestion, or motivation in the prior art would have led one of
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`ordinary skill in the art to modify the prior art reference or to combine prior art
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`references to arrive at the claimed invention, among other rationales.
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`IV. Task Summary
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`22.
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`I have been asked to review the challenged U.S. patent: the ’634
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`Patent. I have been asked to provide my opinions from the perspective of a person
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`of ordinary skill, having knowledge of the relevant art, as of November 19, 2001,
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`and the opinions stated in this declaration are from that perspective. The
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`qualifications and abilities of such a person are described in paragraphs 45-54
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`below. I have also been asked to consider whether any of my opinions would
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`change if this date was August 21, 2002 instead of November 19, 2001. They
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`would not. I am not aware of any developments in that intervening time period
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`that would have meaningfully altered how a person of ordinary skill, having
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`knowledge of the relevant art, would have viewed the issues I address.
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`23.
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`In preparing this declaration, I have considered this patent in its
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`entirety and the general knowledge of those familiar with the field of oil and gas
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`completion and stimulation, and specifically systems for completion and
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`stimulation, as of November 19, 2001.
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`24.
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`I have also reviewed the references in their entirety that form the basis
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`for Baker Hughes’ challenge to the ’634 Patent, including the publications listed in
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`the following table:
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`Short Title
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`Publication
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`’634 Patent U.S. Patent No. 7,543,634
`
`Thomson
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`D.W. Thomson, et al., Design and Installation of a Cost-
`Effective Completion System for Horizontal Chalk Wells Where
`Multiple Zones Require Acid Stimulation, SPE (Society for
`Petroleum Engineering) 37482 (1997)
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`Lane-Wells
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`Excerpts from COMPOSITE CATALOG OF OIL FIELD AND PIPE
`LINE EQUIPMENT, Vol. 2 (21st ed. World Oil 1955)
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`Hartley
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`U.S. Patent No. 5,449,039
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`Ellsworth
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`B. Ellsworth, et al., Production Control of Horizontal Wells in
`a Carbonate Reef Structure, 1999 Canadian Institute of
`Mining, Metallurgy and Petroleum Horizontal Well Conference
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`Echols
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`Brown
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`U.S. Patent No. 5,375,662
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`U.S. Patent No. 4,018,272
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`Hutchison
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`U.S. Patent No. 4,099,563
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`Kilgore
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`U.S. Patent No. 6,257,338
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`Weitz
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`U.S. Patent No. 4,279,306
`
`Lagrone
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`Eberhard
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`K.W. Lagrone, et al., A New Development in Completion
`Methods, SPE 530-PA (1963)
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`M.J. Eberhard, et al., Current Use of Limited-Entry Hydraulic
`Fracturing in the Codell/Niobrara Formations—DJ Basin, SPE
`(Society for Petroleum Engineering) 29553 (1995)
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`Short Title
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`Publication
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`’774 Patent
`File History
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`Coon
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`Howard
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`Van Dyke
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`Hyne
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`Excerpts from the File History of U.S. Patent No. 7,861,774,
`which is a continuation of the ’634 Patent (Exhibit 1012 of
`IPR2016-01505)
`R. Coon and D. Murray, Single-Trip Completion Concept
`Replaces Multiple Packers and Sliding Sleeves in Selective
`Multi-Zone Production and Stimulation Operations, SPE Paper
`No. 29539 (1995)
`Howard, G. C. & Fast, C. R., HYDRAULIC FRACTURING
`(AIMMPE 1970)
`Kate Van Dyke, Fundamentals of Petroleum Engineering (4th
`ed. 1997)
`Hyne, Norman J., Dictionary of Petroleum Exploration,
`Drilling, & Production (1991)
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`V.
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`Field of Technology
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`25.
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`The ’634 Patent describes a method and apparatus for selectively
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`stimulating or treating multiple segments of an oil well using ball-actuated sleeves
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`to open and close ports through a tubing string. See ’634 Patent at 1:21-24,
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`2:36-3:4. Stimulation or treatment of a well generally involves injecting fluid at
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`sufficiently high pressure into a well to create fractures in the formation, which
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`increase the flow of oil and gas from the formation into the wellbore.
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`A. Wellbore Construction and Completion
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`26. A well is formed by drilling a hole into a geological formation with
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`oil or gas reserves to form a “wellbore.” Such wellbores include at least one
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`vertical portion descending downward from the earth’s surface, and may include
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`one or more horizontal portions that extend outward from the vertical portion to
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`maximize the length of the wellbore that is within and able to receive oil and gas
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`from an oil-bearing formation.
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`27. Horizontal drilling became widespread in the 1990s and has been one
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`of the primary drivers behind the increased production of oil and gas in the United
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`States over the past two decades. Oil and gas reservoirs (e.g., shale plays) are
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`typically found in horizontal strata. Horizontal drilling allows drillers to reduce the
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`footprint of oil and gas field development and increase the length of the “pay zone”
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`that is intersected by the wellbore so that the overall production of the well would
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`increase. Horizontal drilling is particularly useful in shale formations, which do
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`not have sufficient permeability to produce economically with a vertical well.
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`28. After a wellbore is formed, it is often lined with pipe or “casing” that
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`can help to protect the wellbore from erosion and maintain its stability during
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`various well operations, such as when oil and gas is extracted from the formation
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`and/or when fluids are injected into the wellbore as described in more detail below.
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`In cased completions, casing (or liner) is cemented—the annulus between the
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`casing and the wall of the wellbore is filled with cement—to (i) protect the
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`environment and near-surface formations from leakage of reservoir fluids,
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`(ii) improve wellbore stability, (iii) control the location of fracture initiation, as
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`described below, and (iv) provide greater well serviceability, among other benefits.
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`Casing also provides a smooth, round surface that devices called “packers” can
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`seal against to isolate segments of the wellbore, as also described below. After
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`casing is installed in a wellbore, openings through the casing are created within
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`hydrocarbon-bearing strata—in a process known in the art as “perforating”—to
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`allow oil and/or gas to flow from the formation into the wellbore. See, e.g., ’634
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`Patent at 1:30-32 (Background of the Invention section).
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`29.
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`In some applications, a portion of a wellbore in a production zone is
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`not cased. Such an uncased wellbore is often referred to as an “open hole” and,
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`due to the absence of casing, provides direct access to a hydrocarbon-containing
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`formation. As explained in the Background of the Invention section of the ’634
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`Patent, the lack of casing “expose[s] porosity and permit[s] unrestricted wellbore
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`inflow of petroleum products.” ’634 Patent at 1:28-32. At least as early as 1999,
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`such “[o]pen hole completions ha[d] been the accepted practice for horizontal
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`wells” in at least some areas. See Ellsworth at p. 1, Abstract; Echols at 1:25-34. In
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`certain formations, the zone might be left entirely bare, or alternatively include
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`some sand-control and/or flow-control equipment. See, e.g., Echols at 1:25-34.
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`Unlike cased-hole completions, open-hole completions generally do not require
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`perforating of the wellbore wall prior to stimulation operations. Such open-hole
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`completions tend to be popular in horizontal wells (Echols at 1:25-34), in which
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`cemented installations are more expensive and technically more difficult. See
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`Ellsworth at 8 (“The goal of cost effective use of horizontals can be enhanced with
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`the ability to segment, and control production without the need to run and cement
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`liners.”).
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`30.
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`It is common in both cased and “open hole” completions for a small-
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`diameter pipe generally referred to in the art as “production tubing” to be installed
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`or “run” into the well to provide a path for petroleum products to flow to the
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`surface.
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`31. Historically, petroleum products were produced from a formation
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`thanks to the formation’s high natural formation pressure and permeability. More
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`recently, when natural formation permeability is not high enough, a well may be
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`stimulated to enlarge or create new channels within the formation to allow oil and
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`gas to flow through the formation and into the wellbore. See ’634 Patent at
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`1:35-36.
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`B. Well Stimulation and Treatment
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`32. A well may be stimulated by pumping a mixture of fluid and
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`additives, such as acid, into the wellbore under pressure. At sufficiently high
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`pressures, the stimulation fluid fractures or “fracs” the formation, which forms
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`cracks radiating outward from the wellbore into the formation. In “frac’ing,” the
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`stimulation fluid typically includes a “proppant” to “prop” open the cracks. Sand
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`is one type of proppant. Other proppant types include ceramic particles. In a
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`related technique for well stimulation, which may be referred to in the art as
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`“acidizing,” an appropriate acid is pumped into the formation which chemically
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`reacts with the formation to create similar conductive channels. Acidizing became
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`commercially available in the 1930s, while frac’ing was introduced in the late
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`1940s. Van Dyke at 162.
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`33. When acid is pumped downhole at insufficient pressure to fracture the
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`formation, it is sometimes referred to as “matrix acidizing.” See Hyne at 5
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`(“Matrix acidizing is done with pressures less than the formation fracture pressure,
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`and the acid flows through the natural permeability routes in the formation.”).
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`When acid is pumped downhole at sufficient pressure to fracture the formation, it
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`is sometimes referred to as “acid fracturing” or “fracture acidizing.” See Hyne at 5
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`(“An acidfrac is a hydraulic fracture job that uses an acidic frac fluid with or
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`without [proppants].”). “From 1945 to 1963, the technological improvements in
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`acidizing were basically limited to the development of acid fracturing techniques
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`and material” and “[a]s a result of the development of high-pressure, high-rate
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`pumping equipment, oil and gas wells were acidized at fracture inducing rates and
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`pressures.” Howard at 2 (section entitled “Acidizing of Oil and Gas Wells”); see
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`also Howard at 3 (“for successful acidizing . . . operations, pressures must be high
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`enough to part the formation.”). The general term “acidizing” is, and historically
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`has been, used to refer to both matrix acidizing and acid fracturing. See Van Dyke
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`at 164 (listing acid fracturing and matrix acidizing as “Types of Acidizing
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`Treatments”); Hyne at 5 (referring to “acidize, acidizing or acid job” as including
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`“[m]atrix or interstitial acidizing” and “acidfrac”). Thus, a person of ordinary skill
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`in the art would have understood the term “acidizing” used in Lane-Wells (the
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`1956 product catalog for the Lane-Wells Company) to include both matrix
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`acidizing and acid fracturing. See Lane-Wells at 2854 (“The Tubing Port Valve
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`also provides a means of acidizing two zones with packer setting in either open-
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`hole or cased hole completion. Three zone acidizing is possible with a three
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`packer set-up and two different sized Tubing Port Valves.”).
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`34. A wellbore will typically intersect or cross multiple sections or
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`“zones” of a formation. Not all intersected zones include oil and gas. See, e.g.,
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`Ellsworth at Figures 7 and 11. Some zones include fluids like water that can be
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`problematic if they enter the wellbore. Ellsworth at 2-3 (“[W]ater or gas
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`breakthrough can be a problem for some of these wells. . . . The ability to establish
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`long term isolation of segments within the reservoir is key to controlling and
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`optimizing production from these horizontal wells.”). Some zones may be too
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`small to justify the expense of attempting to produce oil and gas from the zone. It
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`is therefore often better to isolate the wellbore from these types of undesirable
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`zones and stimulate only desirable zones.
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`35. One example of a stimulation technique that is commonly used in
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`horizontal wells with cemented casings is known as “Plug & Perf.” This technique
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`involves pumping down the wellbore a bridge plug and perforating guns to a
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`targeted location in the well, typically starting near the bottom or “toe” and moving
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`toward the “heel”—where the wellbore transitions from horizontal to vertical. The
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`perforating guns are fired to punch small holes in the casing to allow fluid
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`communication between the casing and the formation. The perforating guns are
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`then removed from the wellbore, and a ball is pumped down to close the pre-set
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`bridge plug. Once the plug is closed, fracture stimulation fluid (including
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`proppant) is pumped into the wellbore, where the plug seals lower portions of the
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`well and diverts the fracture fluids through the perforations to create fractures in
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`the formation. After each zone (or stage) is completed, the operation is
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`sequentially repeated up-hole until all desired wellbore zones are fractured. The
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`bridge plugs and balls are then milled to open the wellbore and allow oil and gas to
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`flow to the surface. In this “Plug & Perf” approach, the bridge plugs are used to
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`isolate zones within the wellbore.
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`36. Other approaches use “packers” instead of bridge plugs for isolating
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`zones. Packers are tools that seal around production tubing or liner in the wellbore
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`(whether cased or uncased) to direct stimulation fluid into a desired zone and
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`prevent its entry into other zones. A single tubing string can include multiple
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`packers as it is run into the wellbore, making it easier to isolate multiple zones at
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`once and then stimulate those zones.
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`37. One example of a system for stimulating or treating zones of a
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`formation using packers is described in U.S. Patent No. 4,099,563 (“Hutchison”).
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`As shown in annotated Hutchison’s Figures 2 and 4, inset below, Hutchison injects
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`treatment fluids through sleeves 20, 21 [blue], each of which includes a seat 44
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`[purple] that is designed to mate with and be sealed by a specific sized ball [green].
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`Hutchison at 3:64-4:59.
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` The sleeve 20
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`is opened by “dropping”
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`the
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`correspondingly sized ball 48 into the tubing string to seal against seat 44.
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`Hutchison at 4:49-59. This seal prevents fluid from passing through the seat, and
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`the resulting buildup of fluid pressure shifts the lower sleeve 20 down into the
`
`open position, as shown in Figure 4, to open the port (annular chamber 36) and
`
`allow stimulation fluid (steam) to flow into the tubing string. Hutchison at
`
`4:49-59.
`
`- 17 -
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`Page 17 of 78
`
`
`
`Sleeve [blue]
`
`Seat (44)
`[purple]
`
`Seat (44)
`[purple]
`
`Ball (48) [green]
`
` Sleeve [blue]
`
`38. As shown in annotated Hutchison’s FIG. 1, inset below, upper and
`
`lower sleeves 20 and 21 [blue] are positioned to inject stimulation fluid into
`
`corresponding zones that are isolated with cup-type packers 22, 23, 24, and 25
`
`[red] to isolate zones within the formation. See Hutchison at FIG. 1 and 2:51-58.
`
`- 18 -
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`Page 18 of 78
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`
`
`39. A ball is first dropped
`
`into the tubing string to open lower
`
`sleeve
`
`20
`
`[blue]
`
`to
`
`allow
`
`Packer
`
`stimulation fluid to be injected into
`
`the lower zone that is isolated
`
`between packer cups 22 and 23
`
`[red]. Once the lower zone is
`
`treated, a larger ball 48 is dropped
`
`Packer
`
`Packer
`
`Sleeve
`
`into the tubing string to open upper
`
`sleeve 21 [blue] (which differs
`
`from sleeve 20 only in that sleeve
`
`21 includes a larger diameter seat
`
`44)
`
`to allow
`
`the upper zone
`
`between packer cups 22 and 23 to
`
`be treated. Hutchison at 4:60-6:17.
`
`A person of ordinary skill in the art
`
`would have recognized that this
`
`process can be repeated for any
`
`suitable number of zones, limited
`
`only by the number of different
`
` Sleeve
`
` Packer
`
`- 19 -
`
`Page 19 of 78
`
`
`
`sized balls that can fit into the tubing string. In this way, Hutchison permits zones
`
`to be selectively treated one at a time.
`
`40. Halliburton developed another example of this system in the late
`
`1990s in which multiple sliding sleeves were isolated between packers that could
`
`be simultaneously run into the wellbore and used for acid fracturing. See
`
`Thomson. Relative to approaches like Plug & Perf, described above, Thomson’s
`
`ball-actuated, sliding-sleeve “technique provided a substantial reduction in the
`
`operational time normally required to stimulate multiple zones and allowed the
`
`stimulations to be precisely targeted within the reservoir.” Thomson at 97,
`
`Abstract.
`
`C.
`
`Types of Packers
`
`41. While Hutchison used cup-type packers to isolate zones within a
`
`formation (Hutchison at 2:51-58), other types of packers have also been known for
`
`many years. For example, inflatable packers have long been used in both open
`
`hole and cased completions. See, e.g., Echols at 1:43-44 (“Inflatable packers are
`
`preferred for use in sealing an uncased well bore.”); Coon at 912 (discussing the
`
`use of external casing packers (ECPs), which are inflatable packers, in an open
`
`hole under “ECP AND SLIDING SLEEVES, IN OPEN HOLE”); see also ’634
`
`Patent at 1:46-48 (Background Section: “[I]nflatable packers may be limited with
`
`- 20 -
`
`Page 20 of 78
`
`
`
`respect to pressure capabilities as well as durability under high pressure
`
`conditions.”).
`
`42. Other alternatives include various “solid body packers.” Solid body
`
`packers (SBPs) extrude one or more resilient packing elements outward by
`
`compressing the packing element(s) along the length of the tubing string, thereby
`
`causing the packing element(s) to be squeezed radially outward to seal the annulus
`
`around the tubing string within the wellbore. As explained in Ellsworth,
`
`“[a]lthough the expansion ratios for [solid body packers] are [not] as large as for
`
`inflatables, the carbonate formation in Rainbow Lake generally drills very close to
`
`gauge hole, and effective isolation is possible with these SBP’s.” Ellsworth at 3.
`
`In another example, U.S. Patent No. 6,257,338 (“Kilgore”) explains that its
`
`packers, “sealing devices 30, 32, 34 are representatively and schematically
`
`illustrated . . . as inflatable packers . . . [o]f course, other types of packers, such as
`
`production packers settable by pressure, may be utilized for the packers 30, 32, 34
`
`. . . .” See Kilgore at 4:35-42. Many such solid-body packers are hydraulically
`
`“set” by delivering hydraulic fluid under pressure to a piston that compresses the
`
`packing element(s). See, e.g., Ellsworth at 3; Kilgore at 4:35-42.
`
`43.
`
`Ellsworth also explains that even though “[h]istorically, inflatable
`
`packers were used for water shut-off, stimulation, and segment testing,” “[m]ore
`
`recently, solid body packers (SBP’s) (see Figure 4) have been used to establish
`
`- 21 -
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`Page 21 of 78
`
`
`
`open hole isolation.” Ellsworth at 3. Ellsworth’s solid body packers “provide a
`
`mechanical packing element that is hydraulically activated. . . . to provide a long-
`
`term solution to open hole isolation without the aid of cemented liners.” Ellsworth
`
`at 3. “Although the expansion ratios for these packers are [not] as large as for
`
`inflatables, the carbonate formation in Rainbow Lake generally drills very close to
`
`gauge hole, and effective isolation is possible with these SBP’s.” Ellsworth at 3.
`
`The description of “very close to gauge hole” means that the borehole is round
`
`instead of oval, and very close in size to the drill bit, which characteristics can be
`
`achieved in formations that are mechanically competent. Ellsworth illustrates a
`
`principle that had been known and applied in the industry for decades, that tools—
`
`such as solid-body packers used in the historically more-prevalent cased holes—
`
`can also be used, and often are tried and used successfully, in open-hole
`
`completions as they have become more common.
`
`44.
`
`Stimulation techniques, including acidizing, have been used and/or
`
`publicized for use in multiple zone completions with packers in both open and
`
`cased holes since at least 1956. See Lane-Wells at 2854 (“The Tubing Port Valve
`
`also provides a means of acidizing two zones with packer setting in either open-
`
`hole or cased hole completion. Three zone acidizing is possible with a three
`
`packer set-up and two different sized Tubing Port Valves.”). Retrievable,
`
`hydraulically-set solid body packers have been used and/or publicized for use in
`
`- 22 -
`
`Page 22 of 78
`
`
`
`acid fracturing in cased holes since at least 1997. See Thomson at 97 (discussing
`
`“multiple acid fracs” using “multi-stage acid frac tool (MSAF)”), at 98 (discussing
`
`use of retrievable hydraulic-set packers), at 100 (discussing choosing the balls
`
`based on the “anticipated fracture gradient of the zone being treated”), at 100-101
`
`(describing the stimulation as a “frac job”), and at 103 (referring to “Packers frac
`
`tools”). Retrievable, hydraulically-set solid body packers have also been used
`
`and/or publicized for use in acidizing in an open hole since at least 1999. See
`
`Ellsworth at p. 3/FIG. 4 (showing hydraulically-settable solid body packer (SBP)),
`
`at 5 (“Prior to running the production assembly, SBP’s were run to acidize the toe
`
`of the well.”), at 6 (“The initial acid job using SBP’s indicated that the tools [i.e.,
`
`the SBP’s] successfully provided isolation during the job. The acidizing assembly
`
`was pulled, and some rubber was left in the hole.”).
`
`VI. A Person of Ordinary Skill in the Art
`
`45.
`
`It is my opinion that a person of ordinary skill in the art as of
`
`November 19, 2001 is a person who earned a bachelor of science degree in
`
`mechanical, petroleum, or chemical engineering, or similar degree and had at least
`
`two to three years of experience with downhole completion technologies related to
`
`fracturing.
`
`46.
`
`Such a person would have been familiar with the options and
`
`considerations described in Section V above. Such a person would have further
`
`- 23 -
`
`Page 23 of 78
`
`
`
`understood that certain of these options were better suited to some formation or
`
`wellbore types than others, and would have known to consider different types of
`
`completions, tools, and configurations depending on formation or wellbore types
`
`and characteristics, such as the ones described in Section V above. Such a person
`
`would have understood the various stimulation methods, and types and uses of
`
`packers to perform selective fluid treatment of wellbores—and the use of those
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