Free Trial Brief - District Court of Colorado - Colorado

Case 1:03-cv-02579-RPM

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EXHIBIT 1

Case 1:03-cv-02579-RPM

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CLAIM 1 Claim 1 1. An automatic drilling system for automatically [1] regulating the release of the drill string of a drilling rig during the drilling of a borehole, comprising: a drilling fluid pressure sensor; Varco's Interpretation An automatic drilling system for automatically [1] adjusting (increase or decrease) the rate, i.e., the speed, of the lowering of the drill string of a drilling rig during the drilling of a borehole, comprising: a drilling fluid pressure sensor; Pason's Interpretation An automatic drilling system for automatically [1] controlling the downward movement of the drill string of a drilling rig during the drilling of a borehole, comprising: a drilling fluid pressure sensor;

Case 1:03-cv-02579-RPM

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CLAIM 1 (cont'd) Claim 1 [2] a drilling fluid pressure regulator1 [3] coupled2 to said drilling fluid pressure sensor, said [2] drilling fluid pressure regulator [4] measuring [5] changes3 in drilling fluid pressure and [6] outputting a signal [7] representing those [5] changes; Varco's Interpretation [2] a drilling fluid (i.e., mud) pressure regulator, e.g., a device that is capable of detecting and responding to electrical, mechanical, hydraulic, or pneumatic signal(s) [3] connected to said drilling fluid pressure sensor, said [2] drilling fluid pressure regulator (see previous) [4] finding out, determining, calculating, ascertaining, etc. [5] measurement of changes over time which will also be compared to a set reference point in drilling fluid pressure and [6] to produce, deliver, transfer, generate, and/or transmit a signal (e.g., information, variable, entity, etc.) [7] to be a sign or symbol for; to stand for; symbolize; equivalent of; correspond to; indicative of; directly related to; a reasonable proxy for those [5] changes (see previous); Pason's Interpretation [2] a dedicated device or alternatively, the drilling fluid pressure regulator depicted as element 200 in figure 3 of the `142 Patent [3] connected to said drilling fluid pressure sensor, said [2] drilling fluid pressure regulator (see previous) [4] finding out, determining or ascertaining [5] changes in drilling fluid pressure and [6] generate a signal [7] symbolizing, standing for, directly related to, indicative of, a reasonable proxy for, or equivalent to only those [5] changes (see previous);

1

Court's Construction (Doc. No. 166), at 3 ("Pason seeks to limit the `drilling fluid pressure regulator' to the device described in the specifications particularly Element 200, describing a Bourdon tube pneumatic device. That argument is rejected. It violates the principles of claim construction[.]"); id. ("The term drilling fluid pressure regulator must be understood in the context of the use of measurement of changes in drilling fluid pressure and producing a signal representing changes in drilling fluid pressure."). Court's Construction (Doc. No. 166), at 3 ("connected," but not limited to the location of the attachment, e.g., at the output of the drilling fluid regulator). Court's Construction (Doc. No. 166), at 3 ("measurement of changes over time which will also be compared to a set reference point").

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CLAIM 1 (cont'd) Claim 1 a [8] relay [3] coupled to said [2] drilling fluid pressure regulator, said [8] relay [9] responsive to [6] the output signal of said [2] drilling fluid pressure regulator to supply a [10] drill string control signal at an output thereof; and Varco's Interpretation a [8] a device that communicates, conveys, or imparts an electrical, mechanical, hydraulic or pneumatic signal to e.g., control the movement (neutral, up or down) of the rig's hoisting system's brake handle [3] coupled (see previous) to said [2] drilling fluid pressure regulator (see previous), said [8] relay (see previous) [9] in response to [6] the signal produced, delivered, transferred, generated of said [2] drilling fluid pressure regulator (see previous) to supply a [10] signal used to control the rate of release of the drill string at an output thereof; and Pason's Interpretation a [8] dedicated device [3] connected to said [2] drilling fluid pressure regulator (see previous), said [8] relay (see previous) [9] capable of generating and communicating an electrical, mechanical, pneumatic or hydraulic signal responsive to, resulting in a precise cause and effect relationship between changes in the parameters and acceleration or deceleration of the drill string in a manner that might be expressed as follows: accelerating the downward movement drill string when the selected signal(s) represent(s) a decrease in drilling fluid pressure, a decrease in bit weight, or both, and decelerating the downward movement drill string when the selected signal(s) represent(s) an increase in drilling fluid pressure, and increase in bit weight, or both to [6] the signal generated by said [2] drilling fluid pressure regulator (see previous) to supply a [10] signal of the drilling fluid pressure regulator at an output thereof; and

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CLAIM 1 (cont'd) Claim 1 [11] a drill string controller [3] coupled to said [8] relay wherein [12] a decrease in drilling fluid pressure results in said [8] relay supplying a [10] drill string control signal that operates said [11] drill string controller to effect an[13] increase in the [14] rate of release of said drill string and an [13] increase in drilling fluid pressure results in said [8] relay supplying a [10] drill string control signal that operates said [11] drill string controller to effect a [12] decrease in the [14] rate of release of said drill string." Varco's Interpretation [11] a device used to control the rate of release of the drill string [3] connected to said [8] relay (see previous) wherein [12] a decrease, e.g., to become less than, in drilling fluid pressure results in said [8] relay (see previous) supplying a [10] drill string control signal (see previous) that operates said [11] drill string controller (see previous) to effect an [13] increase, e.g., to become greater than, in the [14] rate (i.e., speed or change over time) of release of said drill string and an [13] increase (see above) in drilling fluid pressure results in said [8] relay (see above) supplying a [10] drill string control signal (see above) that operates said [11] drill string controller (see above) to effect a [12] decrease (see above) in the [14] rate of release (see above) of said drill string." Pason's Interpretation [11] any device or system able to control the advancement of the drill string during drilling operations [3] connected to said [8] relay (see above) wherein [12] decrease (from the previous value or relative to a setpoint, but not both) in drilling fluid pressure results in said [8] relay (see above) supplying a [10] drill string control signal (see above) that operates said [11] drill string controller (see above) to effect an [13] increase (from the prevous value or relative to a setpoint, but not both) in the [14] speed of movement down the borehole of said drill string and an [13] increase (see above) in drilling fluid pressure results in said [8] relay (see above) supplying a [10] drill string control signal (see above) that operates said [11] drill string controller (see above) to effect a [12] decrease (see above) in the [14] rate of release (see above) of said drill string."

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CLAIM 11 Claim 11 "11. A method for automatically [1] regulating the release of the drill string of a drilling rig [15] drill,comprising the steps of: Varco's Interpretation A method for automatically [1] adjusting (increase or decrease) the rate, i.e., the speed, of the lowering of the drill string of a drilling rig [15] drill (no interpretation necessary), comprising the steps of: [4] finding out, determining, calculating, ascertaining, etc. drilling fluid pressure; producing a signal in response to [5] measurement of changes over time which will also be compared to a set reference point in drilling fluid pressure, said signal [7] to be a sign or symbol for; to stand for; symbolize; equivalent of; correspond to; indicative of; directly related to; a reasonable proxy for the [5] changes (see above) in drilling fluid pressure; [16] to convey or transmit, i.e., passing on or passing through said signal to a [11] device that controls the rate of release of the drill string; and Pason's Interpretation A method for automatically [1] controlling the downward movement of the drill string of a drilling rig [15] during the drilling of a borehole, comprising the steps of:

[4] measuring drilling fluid pressure;

[4] finding out, determining, ascertaining, etc. drilling fluid pressure; producing a signal in response to [5] measurement of changes over time which will also be compared to a set reference point in drilling fluid pressure, said signal [7] symbolizing, standing for, directly related to, indicative of, a reasonable proxy for, or equivalent to only the [5] changes (see previous) in drilling fluid pressure;

producing a signal in response to [5] changes3 in drilling fluid pressure, said signal [7] representing the [5] changes3 in drilling fluid pressure;

[16] relaying said signal to a [11] drill string controller; and

[16] passing along said signal to [11] any device or system able to control the advancement of the drill string during drilling operations; and

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CLAIM 11 (cont'd) Claim 11 [17] controlling said [11] drill string controller to [13] increase the [14] rate of release of said drill string when said signal [7] represents a [12] decrease in drilling fluid pressure and to [12] decrease the [14] rate of release of said drill string when said signal [7] represents an [13] increase in drilling fluid pressure." Varco's Interpretation [17] exercising authority over; direct; command; over the release, e.g., the lowering of the drill string said [11] drill string controller (see previous) to [13] increase, e.g., to become greater than the [14] the rate (i.e., speed or change over time) of release (lowering) of said drill string when said signal [7] represents (see previous) a [12] decrease, e.g., to become less in drilling fluid pressure and to [12] decrease (see previous) the [14] rate of release (see previous) of said drill string when said signal [7] represents (see previous) an [13] increase (see previous) in drilling fluid pressure." Pason's Interpretation [17] controlling said [11] drill string controller (see previous) to [13] increase (from the previous value or relative to a setpoint, but not both) the [14] speed of movement down the borehole of said drill string when said signal [7] represents (see previous) a [12] decrease (from the previous value or relative to a setpoint, but not both) in drilling fluid pressure and to [12] decrease (see previous) the [14] rate of release (see previous) of said drill string when said signal [7] represents (see previous) an [13] increase (see previous) in drilling fluid pressure."

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CLAIM 14 Claim 14 "14. A method for automatically [1] regulating the release of the drill string of a drilling rig [15] drill, comprising the steps of: Varco's Interpretation "A method for automatically [1] adjusting (increase or decrease) the rate, i.e., the speed, of the lowering of the drill string of a drilling rig [15] drill (no interpretation necessary), comprising the steps of: [4] finding out, determining, calculating, ascertaining etc. drilling fluid pressure and [18] the sensed weight of the drill string placed upon the drill bit; producing a first signal in response to [5] measurement of changes over time which will also be compared to a set reference point in drilling fluid pressure, said first signal [7] to be a sign or symbol for; to stand for; symbolize; equivalent of; correspond to; indicative of; directly related to; a reasonable proxy for the [5] changes (see previous) in drilling fluid pressure; producing a second signal in response to [5] changes (see previous) in [18] bit weight (see previous), said second signal [7] representing (see previous) the [5] changes (see previous) in [18] bit weight (see previous); Pason's Interpretation "A method for automatically [1] controlling the downward movement of the drill string of a drilling rig [15] during drilling operations, comprising the steps of:

[4] measuring drilling fluid pressure and [18] bit weight;

[4] finding out, determining, ascertaining etc. drilling fluid pressure and [18] bit weight (no interpretation provided);

producing a first signal in response to [5] changes3 in drilling fluid pressure, said first signal [7] representing the [5] changes in drilling fluid pressure;

producing a first signal in response to [5] measurement of changes over time which will also be compared to a set reference point in drilling fluid pressure, said first signal [7] symbolizing, standing for, directly related to, indicative of, a reasonable proxy for, or equivalent to only the [5] changes (see previous) in drilling fluid pressure;

producing a second signal in response to [5] changes3 in [18] bit weight, said second signal [7] representing the [5] changes in [18] bit weight;

producing a second signal in response to [5] changes (see previous) in [18] bit weight (see previous), said second signal [7] representing (see previous) the [5] changes (see previous) in [18] bit weight (see previous);

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CLAIM 14 (cont'd) Claim 14 [19] selecting4 [20] any one of said first signal, said second signal, and both said first and second signals to [17] control the release of said drill string; and Varco's Interpretation [19] selecting, i.e. the automatically performed conflict resolution process that occurs between controlling parameters [20] any one or both, i.e., first (or) second (or) first and second signals to [17] exercise authority over; direct; command; over the release, e.g. the lowering of said drill string; and Pason's Interpretation [19] selecting, i.e. the automatically performed conflict resolution process that occurs between controlling parameters [20] the first signal, or the second signal, or both the first and second signals to [17] control the release (no interpretation provided) of said drill string; and

Varco, L.P. v. Pason Sys. USA Corp., 436 F.3d 1368 (Fed. Cir. 2006) ("`selecting' in claim 14 must refer to the [automatically performed] conflict resolution process that occurs between controlling parameters").

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CLAIM 14 (cont'd) Claim 14 [16] relaying [21] said selected signal or signals to a [11] drill string controller which [1] regulates the release [of] said drill string [9] in response to [21] said selected signal or signals." Varco's Interpretation [16] to convey or transmitting, i.e., passing on or passing through [21] the chosen signal or chosen signals to a [11] device that controls the rate of release of the drill string which [1] regulates the release (see previous); [of] said drill string [9] in response to, e.g., a reaction to [21] said selected signal or signals." Pason's Interpretation [16] passing along [21] the Signal or Signals chosen to [11] any device or system able to control the advancement of the drill string during drilling operations which [1] controls the downward movement [of] said drill string [9] capable of generating and communicating an electrical, mechanical, pneumatic or hydraulic signal responsive to, resulting in a precise cause and effect relationship between changes in the parameters and acceleration or deceleration of the drill string in a manner that might be expressed as follows: accelerating the downward movement drill string when the selected signal(s) represent(s) a decrease in drilling fluid pressure, a decrease in bit weight, or both, and decelerating the downward movement drill string when the selected signal(s) represent(s) an increase in drilling fluid pressure, and increase in bit weight, or both [21] the Signal or Signals chosen."

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