Free Statement - District Court of Colorado - Colorado

Case 1:03-cv-02579-RPM

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-M-2579 (RPM) VARCO, L.P., Plaintiff, vs. PASON SYSTEMS USA CORP., Defendant. PLAINTIFF' CLAIM CHARTS IDENTIFYING THE DISPUTED CLAIM S TERMS AND THE PARTIES RESPECTIVE POSITIONS ON CLAIM CONSTRUCTION Plaintiff Varco, L.P. ("Varco") file these Claim Charts as stated hereinabove and would respectfully show the Court as follows: I. DISPUTED CLAIM LANGUAGE

The disputed claim language of the asserted claims (Claims 1, 11 & 14) of the ` 142 Patent is identified within the claims as follows. Varco would respectfully point out that the majority of this language was not disputed until December 13, 2006 when Pason indicated that at least 23 terms required interpretation. See Pason Email at Dkt # 146-3. For the Court' convenience Varco proposed filing a joint chart whereby the parties s would submit their respective positions on claim construction in a single document. However, the parties could not agree upon a joint filing whereby Pason was to insert its proferred interpretation into the 3rd column of the following charts provided by Varco. Instead, Pason insists upon the filing of its own claim charts. Varco has incorporated Pason'interpretation as s provided in Pason' Markman brief (Dkt # 154) and Pason' charts provided to Varco on s s 1

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February 23, 2007 into a combined chart for the Court's convenience. Varco cannot agree to chart offered by Pason as it mischaracterizes Varco' position and presents new claim s construction positions by Pason that were not addressed in its Markman brief. Therefore, Varco hereby provides its claim charts pursuant to the Court'Order (Dkt # 134 & 135). s A. Claim 1 of the ` Patent 142 The following language of apparatus Claim 1 of the ` Patent is in dispute: 142 1. An automatic drilling system for automatically regulating

the release of the drill string of a drilling rig during the drilling of a borehole, comprising:

a drilling fluid pressure sensor;

[1] a drilling fluid pressure regulator [2] coupled to said drilling fluid pressure sensor, said [1] drilling fluid pressure regulator [3] measuring [4] changes in drilling fluid pressure and [5] outputting a signal [6] representing those [4] changes;

a [7] relay [2] coupled to said [1] drilling fluid pressure regulator, said [7] relay responsive to [5] the output signal of said [1] drilling fluid pressure regulator to supply a [8] drill string control signal [9] at an output thereof; and

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[10] a drill string controller [2] coupled to said [7] relay wherein [11] a decrease in drilling fluid pressure results in said [7] relay supplying a [8] drill string control signal that [12] operates said [10] drill string controller to effect an [13] increase in the rate of release of said drill string and an [14] increase in drilling fluid pressure results in said [7] relay supplying a [8] drill string control signal that [12] operates said [10] drill string controller to effect a [15] decrease in the rate of release of said drill string. B. Claim 11 of the ` Patent 142 The following language of method Claim 11 of the ` Patent is in dispute: 142 11. A method for automatically regulating the release of the drill string of a drilling rig drill, comprising the steps of:

measuring drilling fluid pressure;

[16] producing a signal in response to [4] changes in drilling fluid pressure, [17] said signal [6] representing the [4] changes in drilling fluid pressure;

[18] relaying [17] said signal to a [10] drill string controller; and

[19] controlling said [10] drill string controller to [13] increase the rate of release of said drill string when [17] said signal [6] 3

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represents [11] a decrease in drilling fluid pressure and to [15] decrease the rate of release of said drill string when [17] said signal [6] represents [14] an increase in drilling fluid pressure.

C.

Claim 14 of the ` Patent 142 The following language of method Claim 14 of the ` Patent is in dispute: 142 14. A method for automatically regulating the release of the

drill string of a drilling rig drill, comprising the steps of:

[3] measuring drilling fluid pressure6 and [20] bit weight;

[16] producing a first signal in response to [4] changes in drilling fluid pressure, [17] said first signal [6] representing the [4] changes in drilling fluid pressure;

[21] producing a second signal in response to [22] changes in bit weight, [23] said second signal [6] representing the [22] changes in bit weight;

[24] selecting [25] any one of [17] said first signal, [23] said second signal, [25] and both [17] said first and [23] said second signals to [26] control the release of said drill string; and

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[18] relaying [27] said selected signal or signals to a [10] drill string controller which [28] regulates the release said drill string in response to [27] said selected signal or signals.

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II.

DISPUTED TERM CLAIM CHARTS

The following charts identify the corresponding disputed claim terms as indicated above, the specific claim or claims where the term appears, and the parties respective claim construction as provided in the parties Markman briefs and Pason'proposed claim charts. s As is evident in the charts below, many of the claim terms are not actually disputed as the parties relative interpretations are substantially similar.

No. [1]

Disputed Claim Terms & Claim A drilling fluid pressure regulator Claim 1

Varco'Interpretation s 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).

Pason'Interpretation s The device disclosed as Element 200 of Figure 3 of the ` Patent that includes 142 Bourdon tube 210, ... flapper 213, adjusting screw 214, plate 215, nozzle 216, spring 230, and safety shutdown knob 217; or alternatively

[2]

Coupled Claim 1

[3]

Measuring Claims 1, 11 & 14 Changes

[4]

A device dedicated, i.e., a device that can only respond to changes in drilling fluid pressure, to a drilling fluid pressure sensor, which controls (restricts or expands) the flow of a liquid, gas, or electrical current in a predetermined fashion. connected To sit after--something more than a wire or hose connecting, dedicated; attached at the output of Finding out, determining, Continuously (NOT calculating, ascertaining intermittently) finding out, determining or ascertaining a difference between values Changes over time or relative to target set by the 6

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Claims 1, 11 & 14

[5]

Outputting a Signal Claim 1

[6]

Representing; Represents Claims 1, 11, & 14

[7]

Relay Claim 1

[8]

Drill string control signal Claim 1 At an output thereof

operator [from the previous value or relative to a set point, but not both] to produce, deliver, transfer, Generates a signal only generate, and/or transmit a signal when a change occurs (e.g., information, variable, entity, etc.) from something to be a sign or symbol for; to Symbolizing, standing for, stand for; symbolize; equivalent directly related to, indicative of; correspond to; indicative of; of, a reasonable proxy for, directly related to; a reasonable or equivalent to only those proxy for changes a device that communicates, a dedicated device, i.e., a conveys, or imparts an electrical, device that can only mechanical, hydraulic or communicate a signal pneumatic signal to, e.g., control representing changes in the movement (neutral, up or drilling fluid pressure, down) of the rig' hoisting attached at the output of the s system'brake handle. s drilling fluid pressure regulator, capable of generating and communicating an electrical, mechanical, pneumatic, or hydraulic signal responsive to the signal of the drilling fluid pressure regulator a signal used to control the rate of Drill string control signal release of the drill string a place where the " relay" supplies the drill string control signal. A device that controls the rate of release of the drill string

[9]

At an output thereof

Claim 1 [10] A drill string controller Claims 1, 11 & 14

Any device or system able to control the advancement of the drill string during drilling operations, which must be attached or coupled to a relay as defined in the Claim, wherein a decrease in drilling fluid pressure must result in the relay supplying a control signal to the drilling string controller

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[11] A decrease in drilling fluid pressure Claims 1 & 11 [12] Operates Claim 1 [13] Increase in the rate of release of said drill string Claims 1 & 11

which then must effect an increase in acceleration of movement down the borehole, and an increase in drilling fluid pressure must result in the relay supplying a control signal to the drill string controller which must effect a decrease in acceleration of movement down the borehole. a drilling fluid pressure becomes A decrease in drilling fluid less than another drilling fluid pressure [from the previous Pressure value or relative to a set point, but not both] to be in action so as to produce an That will always produce an effect, act, function, work effect, act, function, work the rate (i.e., speed or change over time) of release (lowering) of a drill string becomes greater than another rate of release Must always effect an increase in the speed of movement down the borehole; To accelerate the movement of the drill string down the borehole An increase in drilling fluid pressure [from the previous value or relative to a set point, but not both] Must always effect an decrease in the speed of movement down the borehole

[14] Increase in drilling fluid pressure Claims 1 & 11 [15] Decrease in the rate of release of said drill string Claims 1 & 11 [16] Producing a signal in response to; Producing a first signal in response to; Producing a second signal in response to Claims 11 & 14 [17] Said signal, Said first

a drilling fluid pressure becomes greater than another drilling fluid pressure the rate (i.e., speed or change over time) of release (lowering) of a drill string becomes less than another rate of release

creating, generating, producing Outputting a " Signal"only a signal in response to, e.g., a when something, e.g., reaction to, something changes, occur

the signal representing changes The 8

signal

symbolizing,

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signal Claims 11 & 14

[18] Relaying Claims 11 & 14

[19] Controlling Claim 11 [20] Bit weight Claim 14

standing for, directly related to, indicative of, a reasonable proxy for, or equivalent to changes in drilling fluid pressure " convey"or " to transmitting" Passing along the Signal or , i.e., passing on or passing Signals to any device or through. system able to control the advancement of the drill string during operations that must be attached or coupled to a relay as defined by the claim. to exercising authority over; controlling directing; commanding; operating; or regulating The sensed weight of the drill string placed upon the drill bit Bit weight

in drilling fluid pressure

creating, generating, producing Outputting a " Second a signal in response to, e.g., a Signals" only when changes reaction to, something in bit weight occur, this Second Signal symbolizing, Claim 14 standing for, directly related to, indicative of, a reasonable proxy for, or equivalent to only those changes, i.e., changes in bit weight [22] Changes in bit weight differences between values of Changes in bit weight, when WOB changes [from the previous value or relative to a set Claim 14 point, but not both] in bit weight occur [23] Said second signal the second signal, i.e., the This second signal signal representing changes in WOB Claim 14 [21] Producing a second signal in response to [24] Selecting Claim 14 9 automatic choosing selecting, i.e., Automatically chosing

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[25] Any one

any one or both, i.e., first (or) The First Signal or the second (or) first and second. Second Signal, or both the First and Second Signals Claim 14 [26] Control the release of to exercise authority over; To control said drill string direct; command; over the release, e.g. ,the lowering of the drill string Claim 14 [27] Said selected signal or signals Claim 14 [28] Regulates the release said drill string Claim 14 the chosen signal or chosen The Signal signals chosen or Signals

to adjust (increase or decrease) Resulting in a precise cause the rate, i.e., the speed, of the and effect relationship lowering of the drill string 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, an increase in bit weight, or both.

III.

CONCLUSION

Based upon a comparison of the parties respective positions on claim interpretation as set forth above, the parties respective briefing, and the intrinsic/extrinsic evidence, Varco respectfully request that the Court adopt its claim construction pursuant Markman v. Westview and its progeny. 10

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Further, Varco respectfully requests a non-evidentiary claim construction hearing, if the Court would find it beneficial, as soon as the Court'docket will permit. s Dated: February 23, 2007 By:__/s/ Robert M. Bowick _________ Robert M. Bowick Guy E Matthews C. Vernon Lawson M ATTHEWS , LAWSON , B OWICK & A L-AZEM , PLLC 2000 Bering, Suite 700 Houston, Texas 77057 (713) 355-4200 (telephone) (713) 355-9689 (facsimile) Respectfully submitted, Jane Michaels Joseph T. Jaros H OLLAND & H ART LLP 555 Seventeenth Street, Suite 3200 Post Office Box 8749 Denver, Colorado 80201-8749 (303) 295-8000 John W. Raley Cooper & Scully, P.C. 700 Louisiana Street, Suite 3850 Houston, TX 77002 (713) 236-6801 (telephone) (713) 236-6880 (facsimile)

COUNSEL FOR PLAINTIFF VARCO, L.P.

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C ERTIFICATE O F S ERVICE I hereby certify that on February 23, 2007, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following: [email protected] [email protected]

s/Robert M. Bowick _____________________

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