Free Exhibits - District Court of Colorado - Colorado

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 1 of 33

Varco

Pason
of this

and Supplemental Expert

The purpose
of

is

to respond

to the

expressed
to further of

report the

Gregg

submitted

the
in this

Varco
mailer

L.P

express

supplemental Supplemental

Since the date

my last
specific

and

materials

have Report listed on Exhibit
the case

and
attached
sets

am

relying

upon the

additional

This
if

organized

by the

claims at issue infringement

and

forthcomments

any

clakn

obviousness

respectively

Claim

Elements

A.1

An
drill

automatic
of

drilling

system for
rig

automatically
drilling

regulating

the release of

of

bore-hole

drilling

fluid

pressure

sensor
to said drilling

drilling

pressure
said drilling

regulator

coupled

fluid

pressure
drilling

sensor
fluid

fluid

pressure regulator
signal

measuring changes

pressure and

outputting

representing

relay

coupled

to said

drilling

fluid

pressure regulator
drilling

said regulator

responsive supply

to the output

signal

of

pressure

control

at the output thereof

drill

coupled pressure
results in said
drill

to said

relay
drill

decrease
string control
in

drilling

fluid

supplying
to effect

signal

that

string

an increase
fluid

the rate of
results

release
in

and an increase
drill

pressure

said to effect

string control
in

signal

operates

said
drill

string controller string

decrease

the rate of release of said

Method

of Construction

Although claim reading the doctrine
interpretation

we
not

reach
forth in

conclusions

not of

disagree

with

paragraphs
Perkins understand

Perkins

report.2

From

my

appear

that

renders any specific

opinions

based upon

can be

to

broaden
or methods
rely

of claim

to

encompass devices
to the claimed

apparatus

perform

substantially

system or method but
anticipated

upon

after-developed

the

may

not have

for example

For
will

have purposes use that method as the

identified for
all

the the

capital that

letters

foflow

8273.0203

vi

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 2 of 33

substituting identical

digital In

analog

signaling

in

device

otherwise

functions

in

an

matter the various
in

issue pneumatic electro-mechanical controls or the Accordingly
in this field

valves

such as those
control
art

142
used
in

computerized

as

that

the

AutoDriller the 142 Patent
of

and

prior

at the

Bowden
should
not

applied

developed

impact

the construction

claims

case

Pasons

AutoDriller

doesnt use any

Construction

of

agree

with

Mr
agree

determination
that

of the

meaning

of

elements

of

142

patent

and
controlling

Pason
drill

AutoDriller
drilling
it

automatically incorporates

the release of separate device

of

through

to which

attached

fluid

pressure

With

to element

do

not

agree

with

construction

Perkin places

upon
that

that

element

and The

in

word reQulator which he defines as
responding
to electrical to

device
or

detecting

mechanical an extension
which
refers to

pneumatic
found the
that

opinion appears

McGraw
maintains

Hill

Terms
desired
at

regulator

as

device
to

predetermined

value

or varies

according

predetermined

plan.3

The
regulator
drilling in

precise
is

Claim
to

element Pressure

refers to regulators of to control

drilling

pressure devices on
forth

coupled
fit

sensor

are

common

and current

more common

definition

as that set the flow

the

Heritage

device

gases

liquid

or electric

Although disclosed invention

do not suggest
patent
of

claim

to only the

embodiments

those

preferred
labels at

and

alternate

embodiments
pressure

inventor

and claims

device
at
II

that

drilling
Il

regulator
II

Figs

and

200

and

16-30

and

22

at

25-29

In

the preferred
fluid

embodiment
sensor and
to another

device

200
responsively relay note that
of

from outputs changes
in

drilling

pressure

proportionately

device

called

pneumatic uses language of element by means
of coupler

the

word which
generic term

which

has

an ordinary meaning
transmitting

be appropriate

regulated
later

more

connected

appears

Mr
that
fully
if

also the

quotes

from arguments put forth by Pasons

counsel
methods
not of that

phrase and
of ordinary
skill

was

to

be
position

disclosed

art

would very broadly which agree but which
or learn

have any
in

bearin9

on how one
context

the art would

understand

from

use

this

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 3 of 33

The
described
of that
in

fluid

pressure

regulator

process
at
II

detail

in

the springs and operate

E.g
flapper

to

at

II

Through

series

screws

valve or control

operator

calibrates

so
to

automatically

regulate pressure

flows

response

deviations from

desired

The
controls the of

is

with

both

definitions

regulates

or

gas

air

in

once
regulators
in

calibrated
It

and
consistent

common
with

understanding broad

pressure assertion

is

not

that

would
to

as

regulator any device

or

technology

to detect

and

any type

of signal.4

If

is

Construed Pasons

AutoDriller

Infringe

In

for

AutoDriller
literally

to infringe

must

fall

the scope

of

the system claimed either

or through

of equivalents

Pason
follows

the

pressure regimen of

as

Please Pason
calculate

state

how
Recorder

Pason

AutoDriller

Drilling fluid

EDR

measure

pressure

Answer
transducer attached provided

includes

an

off-the-shelf

pressure

which between
produces
to current to

to the standpipe kelly

pump
20 milliamp

and
signal

transducer
in

that

10000
to

or

on occasion
cable
to

signal

conducted voltage converted

resister

converted

and

filtered

voltage signal information

analogue
in

which

is

combined where

packet

other

digital

information

and

then

transmitted through
it

to the AutoDriller

control unit

is

processed Please

state

how
Recorder

AutoDriller and/or

Pason changes

Electronic
fluid

EDR

measure

pressure
in

Answer
pressure

not measure

or calculate

am

not

limiting

my

interpretation

regulator
control

to

the

device current are also

142 Patent

electronic dictionary definitions

devices

that

common

understanding

and

specifications

of

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 4 of 33

Please

state

Pason AutoDriHer
Recorder

and/or
or

Pason
calculate
differential

EDR

measure

pressure

Answer

user interface
differential is

AutoDriller

and

EDR

have

pressure display

The
the
of interface
fluid

displayed reference

calculated for

from an operator-established pressure
freely set with

point

and

mud motor spinning
is

As

part

calculation

performed
drilling

that

compares the
to the reference effect

pressure

during

point
the

That
operations algorithm

does

not

or participate

by the AutoDriller

or

Admission Admit that when Pasons
pressure stepper

AutoDriller

differential

mode
motor

controlling

by differential
rate of release

pressure the
the

decreases

when

differential

pressure exceeds the selected

target

differential

pressure
In

the operation
is

AutoDriller
is

although
of the user interface

pressure

calculated
to

part

see Pasons answers

Varcos

Third

Set the actual
control

no
parameter
of multiple
is

incorporated
is

reference

pressure
occurs
to control

Because

the processing the AutoDriller

when
by pressure an

set

by the operator
pressure
signal

increase from the target generation the
drill

will

not always result

inhibits the

advancement

string

Accordingly
this

does
that

not

contain

pressure flow of
fluid

regulator
or

context as

device
it

adjusts

or controls

signal

electronic

nor does

changes

and output

representing those

changes

The

uses Patent

far

more

sophisticated

processing

scheme
the AutoDriller

Similarly

does not contain by
that

relay

to the pressure

regulator as that
variably controlled

and
to

its

expert
signal

as

responds

change

in

an

input

by

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 5 of 33

communicating

signal

to

or other
of

Rather

contains
ultimately

number

of signal

based on the

variables

generating

may

not

be

changes

in

fluid

pressure

Property construed Claim
of

my

opinion

AutoDriller

not infringe

142

patent

If

Court Adopts the

Broad

Interpretation

of

Phrases
by Prior Art

Claim

System

Described

142

was

Anticipated

If

the Court

the construction

of

Mr
automated urges believe to be the

Perkin urge
to

it

my
of

opinion

that
skill

142
in field

patent and operating

the prior art and/or

anyone

ordinary opinions
with

of

controls

My
on Table

guided

by the
to the

claim construction
of

summarized

references

significant

prior art

As
advancement
of drilling of

my earlier
drill

report the notion
drilling

automatic

of

string

to optimize

Controlling

performance has the advancement string

been an

objective
in

pressure

the subject
textbook
of fluid

of Claim

was

also

in

field

Virtually every

manual
significance particularly

on the
pressure as

use
control to

of

motors
It

taught

possible

mechanism
driller

was

not

uncommon
handle
to
in

directional

see

with

hand on the brake
of the
drill

watching pressure

pressure

and

string

response

changes
automatic of the very the preferred
of prior

In

with

with

exception

specific

pneumatic

control

regulator and relay disclosed
Figures by teaching

embodiment
inventions

the 142

236
suggestion patent

and
Claim
string of

and motivation
skill

system described
controlling
drill

142

anyone

of ordinary

in

the

art

of

operations

As
actuate

early

as

1932
stem and conveying
In

method
signal

fluid

pressure at

telescopic the brake

in

to that

pressure to

889
string

patent disclosed
in

system teaching pressure through use change and relay
control of

automatic

of

sensor regulator
device switch or other
drill

able to
to

response detect and respond
input signal

to fluid to

change
tension

an

communicating
controlling the

signal of

to

device The
of the

Patent
drill

movement
bit

stem as

function

stem supporting
of the fluid

proxy for

weight

pump
14-32
fluid

speed one

motor the pressure

pumped by
to c.2

combination might

p.1-c.1-1I

55

and c.4-II
also

same

183
an
electronic

1969
conveyed
that

which
to

pressure generated

signal

signal

device

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 6 of 33

to detect
drill

and respond

to it

from there

to

device

communicated

to

string

have
attempted
prior art proportionate the regulator

informed however
in

that

examination patent
or the

Varco
in

to distinguish asserting control

142

and

particular

from the

the

889
in

183
fluid

Patents

taught implemented by

changes component
disclosed believe that

desired
the

pressure
Without
art

and
that

relay

patent
additional

on and

the merit teaches

prior

addresses

those

In

F.S
his experience variables
In

an applying continuous

article

Journal

of algorithm
to

which
multiple
drill

computerized
control the

Technology examine
of

of

string

his but

described

use of two variables
to

weight

on

bit

and

rotary

speed

the next logical step would

add

additional

drilling

parameters such as the
proportionate automatic

and

evaluation

of

pressure
Article

to the continuous

schemes
in

In

my

partners

and

took

next logical
drilling

programmed continuously sensed measurements
analysis of

step

We

installed

computerized
additional

on

rig

pressure and
of to

by way

parameters computer processor and based upon
drilling
drill

fed

the

variables

to provide optimal control to

performance
control

transmitted

continuous

device

in
In

this case

servo

motors

which

turn

controlled

the the Society

of

1990 we

published our findings
publication

the

Engineers and
rise in fluid

disclosed

method

and system under which
decline
in

pressure slowed
of for

the release This control

pressure
drilling

increased operators

rate

was 580

more
of

that

had

some
also

time discussion of the

mud
following

had

As
taught

of the time

applied

142
automatic

patent

in

1993
device

art

or suggested

element
processing of

of signal

of

string able to

pressure produce
that
in

sensors through and proportionate and
directing
curtail

control to to

signal

responsive
control
in fluid

drill

that

to

advance
in

string to

response

decrease

pressure

advancement

response

decrease

In

reaching

this

opinion

do

not

believe
in

regulator 200

or

relay
motivated by these
of calibration configuration

discloses

142

patent

were suggested
rather

taught or

or publications

use of valves
that

devices

bourdon tube
likely

and
for

flappers

Mr Bowden

level

the

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 7 of 33

relative that

commercial success

of

Wildcat

system He

created
regulators

mechanical

devices
air

would be
fluid

to drillers

used

to using

and

calibrating

and

moreso than on the
in

and which
devices are found
in

the outdoor the specifically-stated against claims

environment elsewhere

rig

142 Patent

claims are not asserted

Pason

Pason doesnt use those

But
signal

if

is

any device

able to detect

respond

to

in

even
relay

if

it

not as sensitive capable
to
drill

or effective receiving
string

as the device
signal

Mr Bowden
regulator

and

is

any device

and

turn taught

passing
creation of the of

control
in

device then

the

prior

art fully

the

system described

Claim

Claim

Elements

and

are identical to elements

and

of

Claim

bit

weight

sensor

drilling for

fluid

pressure
signal

regulator representative of those

in drilling fluid

pressure

outputting

bit

weight

regulator

to

changes

bit

for outputting

representing

changes
to said bit weight
fluid

first

relay

connected

regulator
to supply

relay

responsive
drill

to

the

output signal

said

pressure regulator

control

at the output thereof

second
to the control

to

weight weight
regulator to

said

relay
drill

output signal
at

supply

string

an output

thereof

relay
first drill

selector connected
control

to

first

and second
drill

relay to

any one of said
signal both
drill

and
string

second

of
string

and

signals

to control

release of

drill

string controller string control controller string controller

to said

first

and second decrease
in drilling
drill

wherein
fluid

said said

first

drill

represents the rate of

pressure

drill

string

string

and when pressure

said said
drill

drill

represents

an increase

in
drill

string

rate of release

of said

string

further

wherein

when

second

drill

string

control

represents

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 8 of 33

decrease
said
drill

in

weight said and when weight
said

drill

decreases
string

the

rate of release of

second
drill

an
the rate of release of

increase the
drill

in

string controller

string

Claim Construction

Mr
correct

Perkin or
clerical

report errors that

that

the underlined words

in

represent
to to

typographical

should

be overlooked
that

and

restated

the
with
its

relationship

of

am
Property the

informed

Varco attempted
of these rejected errors but

procure

the

Intellectual

correction
Court of sought

identical

Canadian
basis that nature and meaningful

and
requested Claim

Canada
not

changes

on the
in

were

clerical

are substantive by

were
to

to

be amended
is

the

manner

requested

Varco

what

set

in

would be the result

Even

with

it

made
and
the
fluid

with

my
bit

interpretation that controls

of the

term regulator as found
of

Elements coming

as

device or

in

this

case

air

pressure

weight from

sensors
predetermined

respectively or calibrated

predetermined

fashion responsive

changes

agree
of elements

with

Mr
in

construction

which

context
said

and

are separate the

and
at Fig

said
as 236
to

and

second
their

relays
signals

and labeled

237
responsive

respective
drill

regulators

and use them

proportionate

signals

This dedication which
exclusively control 20-lI
drilling

appears
to

to be

critical
drill

part string

of

of the

142
and

patent

system
either

independently perhaps
in

parameter
the

avoid

the interference

signal generated

disclosures
is

...when

more than one
is

of the regulators to maintain

200-203
desired

utilized

to control

one regulator

drilling

parameter

while the

remaining regulators act
of

as secondary

controls

and during

Bowdens

the

prosecution

patent

Applicants
to control selecting
drilling

drilling

system

utilizes

all

drilling

parameters

operation

even though
control

are interrelated

one parameter as the
parameters
to

and
or back-up controls the

using the remaining

as secondary

Thus
of

the parameter
drill

provide primary
of the remaining
it

regulates

string level that

one

parameters reaches
control

an

undesirable
regulate the

triggers

to override

the

and
an

of the

string

Once

parameter reaches

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 9 of 33

acceptable the primary

regulation

the

of the

drill

returns

To

prevent

the the primary

secondary

control

parameters from
adjusts

overriding

parameter an operator
parameters
will

the
to

at

which
point

the

override

primary

where only undesirable
will

conditions

not registered

primary

control

trigger

That variability
control to regulate the

adjustment
string

permits the without
condition

primary

release of

interference not

from by

secondary

controls control

an undesirable

registrable

parameter occurs
which contains the
to

Applicant

therefore

respectfully

submits

specification

above-explanation
skilled in

of the automatic

art

how
string

parameters

system clearly tandem may be utilized
they are

one
the

to control

release of

even though on June

somewhat

interrelated

Amendment

filed

the applicant

commencing
interpretation

on page

further

concur
device

with

Perkins

that as written

relay
signal

selector would be generated
said

chooses the pressure
from the
that relay
in

first

relay

bit

or both patent any
either or both of

was

not however

able to determine or method

teaching the signals

device
the

was

able to automatically
relays.5

236 or second

237

Pasons

Does
stands

Not

Infringe

Upon
AutoDriller or equivalent purely
in

If

as written Pasons

not infringe function
that

the AutoDriuler increase pressure

does not contain any device
of release
drill

would tend

to

rate

decrease

the rate of release

response

to

response to an increase decrease in

in fluid

Even
it

if

Varco
the

to

rely

upon the does not
infringe

to the

is

my

opinion

upon the system claimed
the proper contain the equivalent
control signal

in

Claim

The
elements

does and
relays

not

have the

contemplated
not or

construction

or

equivalent thereof
in first

dedicated thereof

and second

disclosed
relays

and and

does not from dedicated

generate

or any or

equivalent both of
control

does not contain any device
dedicated

automatically

chooses

either

From my understanding
virtue of labeled fact

of

manually enabled as valve selectors
in

system switches

disclosed

relays

237 are
Since the relay

either at

opened
II

or closed

232

or

233
50-59
to

discussed

49

which

are are
in

in

they are selecting selector
is

pneumatic as switches

embodiment 232
to

appears

me

that

device

234

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 10 of 33

Any
System

Claim
Fully Anticipated

Sufficiently

Broad

to

Encompass

Pason

by

Art

Although
fairly

not believe that the
to

components
of

of

can be
reading of

construed elements

encompass
them

the

system any broad

those

teaching

art as disclosed on Table

would
automatic Patent the taught

note that
to the input

in

its

interpretation

contemplates

an

of multiple

controlling

the

movement

parameters something of drill stem as function
the speed combination

of

stem-supporting
fluid

proxy for the

weight
further

motor the
these

pressure of the factors

pumped
55
to c.2

pump
Young
fluid

and
topics

personally
of Claim

using and

pressure

and weight

on

bit

the precise
application for

almost three years prior to

Bowdens

the

patent

Claim

Steps

Wfthout Claim 11

conceding
will

that

described able to show
corollary

or that

or equivalent

steps performed the

by
phrases follows

used or

the

do not have any comments on the interpretation method 11 which Mr Perkin has

as

method
comprising

automatically the steps of

regulating

release of the

drill

string of

rig

measuring

drilling

fluid

pressure

producing representing

signal

response
in

to

changes
fluid

drilling

pressure

said

pressure

on or communicating6

said

to

drill

controlling string

said

drill

string

controller to increase

rate
drilling

of
fluid

drill

when
in

said
rate of

represents
of

decrease

pressure and

to

decrease the
increase

signal

represents an

drilling

pressure

The
something
the less

to

is language him than performing

interpretation

relaying which
construes operate as variably

apparently
in

means
of

context

142 patent as

reflecting

dynamic
that

devices

suggesting

processing

component

more than pass

communicate

said

signal

10

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 11 of 33

The Method

Taught

Claim

was

Anticipated

by Prior

In

addition

to the

analysis

and the

references

Table

the

580 Patent

Canadian Patent

issued more than claimed
for

application not only taught Claim

specifically

20 years before Bowdens the same method Bowden claims
controlling relates
drill

11 The 580
response and more
bit

describes
to

method

string

release
drilling

pressure
to apparatus earth for ..
In

This
particular

to earth

particularly

lowering

the
is

as
designed

the
to

drill

progresses
to pressure

down

bore
at
II

apparatus

changes.. p.1
the apparatus invented

1-20
the patent remarkable

comparison

described

method
similarities7

Bowden

claims to have

years later

shows

580
An making
hole
at the
in

Patent

Claim

drilling

apparatus
..

for

method
regulating string

for automatically

the
portion

positioning
drill

the release of the
drilling

drill

means
sting
drill

upper and

of said

of

rig comprising

same
.. to

jie

steps of

string

contml device
responsive

surface
signals

control

means
changes
to

measuring

drilling

pressure

the
reflects
in

pressure.
including

.said

producing

signal
in drilling

in

response

to

surface responsive
fluid

means
change

means
of said

changes changes

fluid

pressure

of pressure

signal
in drilling fluid

pressure

Combination
signaling

of Claim

wherein
fall

said
signal to

on

or

communicating
controller

said

means
to signal the said

pressure
control

drill

and

of said

fluid

means

to

string

controlling to increase

said

drill

string controller of signal

the rate of
said

Combination wherein said

to claim

the

drill

string

means
to signal said to discontinue

represents
fluid

decrease and
to

in drilling

rise in pressure control

pressure
of release

decrease

means

of

rate

of said

The apparatus
bring cuttings

in

patent was surface
rather
is

in rig

which
using with

or

some
hole

other gas was

used
parts

to cool of the not

bit

and

to the different

down

motor so

control

scheme are
teaching
air

what

motor
suited
is

limit

to

the

or other

gas
in

applicationAithough particularly medium .. apparatus preferably

for

use

in drilling

apparatus employing response
to

constructed

to

operate

pressure

changes

11

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 12 of 33

the

drill

when

said

signal

represents

an

increase

in drilling

pressure

To anyone
years earlier

of ordinary

skill

art

in

1993
pressure

of

claims device
signal that

23

would teach

placement
available at that

fluid

sensing

was
is

commonly communicated
respond
to

able to generate

to

drill

string controller
in

which

tum

is

programmed

to automatically

an increase

pressure

by
rate of the regulators
drill

release rate and string

decrease

in

pressure by increasing the

As

noted dedicated claims relays

may have
more
not

invented

the sensitive

and

familiar

more dependable
applied

device

was
to

new when

patent

He

simply

was

not the

first

one

come

with

the idea

pressure measurements
string

to automatically

advancement

Claim 14

my
the phrase Patent
in

earlier report

in

context of the disclosures the disclosures

relaying should

be

interpreted

consistent

as specifically

referring to those

to the

generation
in

by means

of

design

and

function

described

142

Although Federal narrowed
injunction

have not changed
of

my

view on this
trial

am
decided

aware

that

has determined the phrase
for those of Claim

Court improperly the preliminary
hold that of

when

But

of

my
the

rationale

opinions

was

the

broad

interpretation

14 and

particularly

the concept

as passing along taught

or communicating art which

places
the

directly

the focus

analysis reflected

on Table

Briefly restated not

automatically

controlling

the

of

drill

string

was

new

measuring

bit

and

pressure not not

was

not

new

producing or both to control

reflecting those

measurements
drill

was was

new
new

and

advancement

Pasons
14 and Therefore

not Follow the Teaching not Infringe

of

Method

of

Consistent with as follows

Mr

opinion

steps of Claim

construed

12

Case 1:03-cv-02579-RPM
method
drill

Document 145-3

Filed 01/11/2007

Page 13 of 33

automatically

regulating

release of

drill

of

drilling rig

comprising the steps of

measuring producing
signal representing

drilling fluid

pressure and response
in drilling
in

bit

weight
in drilling fluid

first

signal

to

pressure

said

the

pressure
in

producing
signal representing

second
the

signal

response to changes
bit

weight

said second

weight
first

said

and

choosing any one of second signals to control the

signal

second signal and both
drill

release signal
in

and
to
drill

Ipassing on or communicating
controller which regulates

said selected said
drill

or signals

string

the

string

response

to said selected

signal

orsignals
Although
AutoDriller
In

1935

and
bit

system described
weight

as my

did

device
article
off

described

in

889

in

1990

calculates drilling as

as
in

product

of

hook
with

load

bottom

measures fluid pressure and minus hook load during
of

explained

connection

Claim

the

not generate responsive
to

and second
in

first variables controller that are then

and

second

signals

changes communicated to the
calculated

those

automatically

chosen and measured
or

Rather

the absolute delivered of

part of

of digital

to the Autobriller control
In

and

processed

through
not

an algorithm not follow

which

results in the

that

may
the precise

may

be scheme
of

changes

measured parameters
of Claim

my opinion
the

AutoDriller

14

which

appears

to reflect

and dedicated
responsive
to calibrated

proportionate

control

signals

values

That

is

something

simply doesnt

Dated September

2006
J.F

13

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 14 of 33

Exhibit Additional Materials

Used

Supplemental

Report

Expert Deposition

of

July Trevor Holt dated July

21 2006
2006

U.S Pasons

1891329
876580
to to

and

2005889
First

Canadian Patent

Varcos Varcos

Request
Set of

for

Admissions

Pasons Answers
Opinion February Opinion of the

Third

Court

dated

2006
of the

Canadian

Federal Court

Province dated

June

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 15 of 33

Table Prior

Teaches

Suggests

or Motivates

Claim

of

Prior Art

drilling

system

US US US

Patent

the 889 3223183 4662608
the

regulating the release
drilling
rig

during

Patent

183 608

borehole

comprising Patent

CA US

Patent

876580 the 580 patent

Patent

1891329

the

329
20107

Society

March

J.F

WARREN T.M

Brett
Journal

1969
Drilling

YOUNG
Young
artide

Control

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 16 of 33

Steps

or Elements of Claim
sensor

Prior Art

drilling

pressure

The elements
at

patent

and housing 107
especially Figure

p.4

c.1

-II

The
transducer
40-44

gauge and
112
at

c.9

The
to fluid

451 pressure changes 18-30
p.26 Figure at

react

24
at

2832
p.25
II

p.25
31 to

15

prestress

on springs

and

can be
valve acts
5-Il

The
drilling

patent pressure Figure

as
to

6-lI

15

moves
drilling

in

response to changes pressure which
is

supplied

The mud
that
is

receives
to

same

drilling

the

string

Brett article 200 Instrumentation and

sensors
including

used

to instrument the

pump

pressure 485 col means for
such
arid

equipment
drilling

parameters

as

bit

and

pump pressure

-2-

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 17 of 33

Steps

or Elements

of Claim

Prior Art

drilling

pressure

The
tc

889 patent and

coil

core throughout

elements and

regulatordefined
detect

as
to

device
input
drilling fluid

104

and
to

particular at p.4

c.1-ll

15-40

Ia
and 124
at

signalcoupled
pressure pressure

said

sensor said
regulator
in

drilling

The

183 patent

contact

measuring
fluid

potentiometer
and
c.9
II

120

changes

pressure

47-54

and 454 and 459 and act on

outputting

changes

The assess
gate
li.28

patent
fluid

pressure changes
disclosed

valve
to

p.25-I

15

and

16
85
spring
to

The 329
act as
is

patent
fluid

groove 86 and
regulator proportional the
drilling

pressure

the

force valve
into

on slidable groove

84
groove

response the with steam pipe 86 comes
into

As

the

valve

greater alignment
is

with steam

pipe

81

more steam

permitted

to

pass through
Brett article

groove

86
thru

Page 205
control

page

206
in

col

and

signals
drilling

response parameters

to changes
fluid

e.g
485

drilling

pressure
Young
transducers provide
drilling

and response to

signals

changes

in

parameters
writes that
is

Page
next logical
fluid

493
step

col
in this

Young
project

to

use

drilling

and

pressure

sensing

as

control

-3-

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 18 of 33

Steps

or

Elements
as
in

Art

relaydefined responds
to

device

change

an

input

The
element
Il

patent

mechanism
especially at p.4

signal by communicating signal to switch
to

65
Figure

or other control said weight

1540 and
183
at c.9-Il

la
discriminator

device--coupled regulator the output

said relay signal
drill

The 128

element

and
valve
via

81

regulator to supply control and

an

The
output thereof

patent gate
air to

462 461
which

opens
allows

valve

stem

pass through
li.1-10

pipe 465 and drive

motor

218

and

16
The
act as relays the steam that passes cylinder 67

arm 73

steam cylinder 67
via

valve

groove

86

The

received

steam acts on piston
rod Piston rod

70
is

moving connected connected
received relayed
to to

arm 73 which
brake

60
to

the
is

input turn lever

steam cylinder 67
or communicated the

60
Brett
article

Page 199
passing on the which

and signals
to

and
the

HOIST SERVO

release of

string

Young
Figure

article

485

col.1-2 and

relays signals to controller

drawworks

-4-

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 19 of 33

Steps

or Elements

drill

controller

coupled
in

to

The 889
27 and and

patent
at

and
1-59

said
drilling fluid

p.2

pressure

results

in

said

Ia
patent Figure

relay
control that

operates

said

drill

The
-II

element

at

p.10

string controller to effect increase
drill fluid in

an
of said

3.8

rate

of release

and an increase
pressure
results

in drilling

The 580
drill

patent

Motor

218

acts

to control
is

said relay

When
it

supplying that operates
to

engaged
said effect
drill

acts

lower Figures

drill

string

205

at

p.25-lI

15

controller the rate of

decrease
of said
drill

in

release

string

The drum
decreases
release
fluid
drill in

lever

60 and

cable

as
the

drill

controller
drill

of to

strings
drilling rate to

response pressure and

an increase
the

of

strings
in drilling

in fluid

response

decrease

pressure
at

This
5-Il

manner
to fluid 6-Il

of

described

82

51
its

For example normal working
pressure

drilling

at

the of

valve

admit an amount
into

steam stem
fluid
in

the cylinder

to lower

predetermined
pressure
to

speed

the

increases
the increased
into

valve pressure

moves
to

response

allow

more steam

the up the
strings rate

brake further sets and

stem release
of drilling
in

Increasing

response
pressure

to

decreases

in

operates

similar

manner
Brett the
string
is

199
controlled
to

col

and
drill

controller

response

such

Young
Figure relayed

Page
brake actuator
in

1-2 and

response to

drawworks

off

-5-

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 20 of 33

Table
Prior

Teaches

Suggests

or Motivates

Claim

Steps or Elements

Prior Art

an automatic
automatically of the during
drill

drilling

system

for

US

2005889 3223183
the

889 patent 183 608
patent

regulating

release
rig

of
drilling

the

of

borehole

comprising

US US CA
Society of

4662608

the

patent

329 patent

580

patent

SPE
J.F

March

Brett article
Journal
April

YOUNG
Young

F.S Computerized

Drilling

Control

article

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 21 of 33

drilling

fluid

pressure

sensor

The 889
elements
at

patent

and housing 107 disclosed
especially

106

p.4

-1121-25 and

Ia gauge and

The

patent

transducer
II

elements

110 and

112

at

c.9

and
valve

The 329
drilling

patent pressure Figure
to

84 acts as
5-Il
in

sensor

to

6-li

which moves
in drilling

response

changes

mud 82
drilling

supplied by mud pressure which The mud pipe 82 receives the same

mud
The 580
to fluid

is

to

the

patent

451 and
at

reac 24

32
p.25

p.25
II

pressure changes 18-30 and
to

also at prestress

p.26

on

springs

451

can be Page
and col sensors
including

Brett

article

Instrumentation used
to

instrument the

pump

pressure Young
article

485
such as and

equipment indudes means for
drilling bft

pump pressure
bit

weight

sensor

The 889

patent

springs
especially
at

109 disclosed

p.2

-c.1-11

1-4 4146 and The 608
patent
II

Ia
sensor and element

35

at c.4

Page 200 col Table Instrumentation
Brett article

the sensors
including

used

to

instrument

rig

weight

Young

Page 485 col means for equipment includes Figure measuring parameters such as bit
article

weight

and

pump

pressure

-2-

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 22 of 33

drilling

fluid

pressure as
to

The
104

patent

and

iron

regulatordefined
to

device able
input
drilling fluid

lo5disclosed
p.4

throughout
15-40

core elementE and
Figure

detect

and respond
to

particular at

c.1-lL

Ia

signalcoupled
pressure pressure

said

sensor

said measuring

The
potentiometer and
at

contact

and
124 and 125

regulator
in drilling

120
and Figure

changes
outputting those

pressure representing

c.9

II

The 329
85
spring

patent
fluid is

groove 86
pressure regulator

spring

as

The
the

85

by
to

degree

proportional
drilling

the force applied
slidable

mud on
with

84
into

response alignment

the valve

groove steam pipe 81
into
is

groove 86 comes

alignment with
permitted
to

steam

pipe

more steam
groove

pass through

86
454 and

The 580
assess

patent

459 and
act at

fluid

pressure changes
disclosed p.25-11.10

on

gate valve p.24
li.28 to

especially

and Figures 15

and
Brett

16
article

Page 205
created
drilling

col
control

page
to

206
and

col

and Appendix

signals
in fluid

response parameters

changes
drilling

e.g

Young
Figure

article

col.1-2

and
in

provide
to
in drilling

response and Page
the next

493

col
in

parameters that Young
project to use

logical

step

this

drilling fluid

and pressure

sensing

as control

parameters

-3-

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 23 of 33

bit

weight

regulatordefined
to

The 889

patent

and

core

elements

as

device
to

detect

and

97 and Ill
particular at p.2
c.1

throughout
11.41-46

and

respond

input

signal
in bit

and

responsive
for outputting

changes
signal

weight

representative

of

changes

The

608 patent
at c.5
-II

regulator c.6
-II

53

10-17

and

and
Brett

article

205
Appendix
signals control

page

206 col schemes
response
to

created
drilling

changes

parameters

e.g

bit

weight 485
provide
in

Young
Figure

article

col 1-2 and
in

transducers
to

response such as

drilling

parameters

bit

-4-

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 24 of 33

first

relaydefined

as

device

The 889
element
p.4-c.1-ll

mechanism

that

respond to changes communicating
to

an

input

65

throughout

and particularly at

signal signal

control

15-40

Ia
discriminator

switch

or other control
to said said

device--connected
fluid

The
element

patent

pressure

regulator
to

128 particularly at c.9 -1154.60

relay responsive signal pressure
drill

the output

and Figure

drilling

regulator

to

The 329
supply

patent

cylinder

67 and arm

string control thereof

an

73 act as relays
receives

steam cylinder passes
via

output

the steam that

groove
piston Piston

86 70

The

received piston
to to

on
rod

thereby
is is

connected

arm
brake

73

which

60
cylinder

input received

67

turn to

relayed

or

communicated

brake lever
valve

The

patent gate valve
air

462 461
pipe 465
II

opens then allows

462

stem

pass through

and drive motor
1-10 and Figures

218
16

particularly

and

16
199
passing

Brett

article

Page

Figures

11
to the

on

signals

HOIST SERVO
of the

regulates the

string caLl
to

Young
Figure

article

485
and

relays signals controller writes

drawworks col step
in

Young

that
to

next use

logical

drilling

and pressure

sensing

as control

parameters

-5-

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 25 of 33

second device

relaydefined

as
in

The 889
in

patent

mechanism
throughout
II

respond

changes

element 65 disclosed
particular at p.4
--

and
and

an

input signal to switch or other
to
first

c.1

control control

Figure
bil

said

weight responsive
said to the

The 608
signal of supply signal at Brett

patent
-II

elements
to c.6
II

46 and

output

60

at c.5

27

regulator
drill

second an

string

article

199 col
show passing

output

thereof

Figures

and
to the

on
which
string

signals

HOIST

SERVO
drill

regulates the

of the

Young
Figure

article

At Page 485

and
to

computer relays signals
controller

drawworks

relay

selector

to

The
switch brake
c.2-ll

patent

e.g
at p.1

knife

said select string
drill

second

98

and

c.2

and
27 and
at p.2

any

of

first

and drum
1-59 and

signal said second
control
first

and

and both
Brett
control article

of control release

and
to

200
and
selects of the
drill

205
the

the

col

Page
automatically govern to release

of said

drill

system
signal

string

Young
Figure

article

Page 485

and

487
signals

to to

488

computer drawworks controller
used
to

and Control

is

select

parameter

-6-

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 26 of 33

drill

string

to

The

patent
at

and
p.2

drum
II

said

and second

wherein
control

27 and 29 and Figures The 183 patent
at

1-59

when
signal
drilling

represents

pressure
controller

said

element
3-8

134

string of

increases

the

rate

particularly

c.10

release of said

string

controller string

when
in
drill

said

drill

The 608

patent
at c.5

brake
li.57 to

represents
fluid

particularly
II

c.6

an increase pressure

said

string

increases the
said
drill

rate

of

of

The 329 drum
release

patent act as
drill

lever
string

cable

and
dell string

when
signal

said second represents said
drill

decreases
in

rate

of
to

decrease
string

response

an increase

in

weight said

controller

drilling fluid

pressure and
release
in

decreases
drill drill

the

rate of release

rate of the of
to

response
This at

and
control

decrease
of

drilling fluid

pressure

second

manner
to
in bit

described For

represents

an increase
drill

6-Il at

51
its is

example
to

weight decreases
drill

fluid string controller

normal

the

rate

of release

valve
of

84

the of steam
drill

positioned

pressure the admit an amount 67
to

into at

cylinder

lower

stem

predetermined
pressure

speed
valve

drilling fluid

increases
to the
into

84 moves pressure
cylinder

in

response
allow

to

more steam
stem release
of

the

further sets
drill

and

slows up the
the
to
drill

rate

in

response

decreases
in

drilling

pressure

operates

manner
218 acts
particularly control
II

The
drill

patent

205

at p.25

8-

10 and

16
controlled

Brett article the
drill

by
to

drill

string

controller

response

such

signals
article

487
controls

col
in

Figure
relayed

brake

response

to

rate of

drawworks

feed

off

-7-

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 27 of 33

Table
Prior Art That

Teach

Suggest

or Motivate

Claim

Steps or Elements

of Claim 11

Prior

method
regulating
string

for

2005889

the

889 183

of

US
of

3223183 4662608 876580
Patent

comprising the

US

the the the

patent

CA
US

patent
patent

1891329

Society of

Engineers

SPE

20107

March

8199D BRETT
Brett article
Technology Computerized
April

WARREN
Journal
of

1969

YOUNG
Young

Drilling

Control

artide

Operations
Edition Tools

December Texas
Downhole

1979

First

Houston

Division

Motor

Baker Manual
Motor Handbook Worcestershire Downhole
First

England
Drilex

Drilex Drilex

Drilling

manual

10

Dyna-Drill California

Handbook

Sixth
to April

Houston Texas 1993 Smith International Handbook Dyna-Drill manual

measuring pressure

See

Claim

on Table

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 28 of 33

producing to changes said

signal
drilling

response pressure
the

The

889 patent piston
to

moves

iron core

in

changes piston core elements 106 104
pressure disclosed
especially

coil

changes

drilling

pressure

at p.4-

c.1

11.1540

and Figure

Ia
signal produced
is

The
pressure

patent

gauge and transducer
to

conveyed
lever

the

via the

contact
particularly at

elements

120

124 and

125

c.9-11.47-54

Figure

The
the
in

patent

85

deformed

degree proportional to the force on slidable valve groove alignment with steam pipe
signals valve

tum causes moves
into

86

81
greater alignment
is

groove

86 comes

into

with steam pipe
to

81 more
groove

steam

pass through

86
The
act

580 patent
together

and response
to to fluid

pressure

change and

open gate
p.24

throughout
to

p.25

13.10 and

Figures

15 and col
control
to

Brett

205
and Appendix
in

page
changes

206
in

and signals created

response

parameters

e.g

drilling fluid

pressure Young
Figure
article

Page 485
provide
drilling

and

response and
the next
drilling

to

parameters
writes that

Page

493

col
in

Young

logical

step

project

use as control

fluid

and pressure sensing

parameters
Baker
includes

Page

equipment pressure

changes

-2-

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 29 of 33

relaying controller

said signal

to

string

The 889
reactance brake and
coil

in

coil

and

balancing elements

drum

104 6527
c.1-

particularly 11.15-40

disclosed Figures

at p.4-

and

The
reading

patent
is

potentiometer
signal

relayed to the

discriminator
at c.9

128 particularly
Figure

1154.60and

81 67 groove

The 329
the

cylinder
that

steam

passes

via valve

86

The

received

steam acts on piston
rod
to

70
turn
is

thereby 71

moving

connected
to

arm 73

connected
received relayed

brake

60

i.e

input

the steam cylinder or communicated the lever

60
The opens gate
which pipe
valve valve

462 Rod
stem 461
through p.25 pass

462
air

via

then allows

and
15 and

218

11.1-band
Brett
article

199 col 11
passing

Figures

and
to

on the

signals
regulates

the

HOIST
of

the release

Young
Figure

article

col.1-2 relays

computer

signals to

drawworks

Baker Manual changes
Drilex

Page 14

pressure

are monitored

manual

Page 23

pressure

changes

are monitored

Dyna-Drill

22-24
are monitored

pressure

chances

-3-

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 30 of 33

controlling controller to

drill

string rate of

The 889 patent brake
restore said
in

act

increase

the

balanced elements throughout
1-59

release signal
drilling

of represents
fluid

when
decrease
to

drum
disclosed p.2-

and

particular

at

pressure and
rate of

and Figures

decrease
drill

release

of said

The
an increase by the signal brake is accordingly
c.10

is

acted

on

represents
fluid

pressure

or

disengaged
at

113-8and 60 and
the of

The drum
strings
in

drilling

response to an increase pressure and increases the response
in drilling fluid

rate to

of

decrease
of

pressure

This

manner
to 6-Il

control

described

51
report

described

on Table

of the

The 580
control

patent

218 acts
particularly Figures at

p.25
Brett
article

15 and

199 cot
string

and
in

cot

the
to

controlled

response Young
Figure
relayed

such signals Page 487
col 1-2
to

brake actuator

in

response

the rate of
feed

drawworks Baker
drill

off
the

string

to

maintain

constant

Drilex manual adjusted
to

Page

drilling

rate

is

maintain

optimum

pressure
manual on the

Myna-Drill

-24 adding
to

or subtracting

maintain

pressure

-4

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 31 of 33

Table
Prior Art

Suggests

or Motivates

14

Steps or Elements of Claim 14

Prior

method
regulating
string of

US
release
rig
drill

2005889 3223183 4662608
Patent

889 183 patent
the the

the

drilling

US
of

comprising

the

steps

US CA US
Society

608

676580

580
patent

1891329
of Petroleum

the

SPE

20107

March

81990

BRETT

WARREN
Journal

Brett article
Technology Computerized
April

1969

YOUNG
Young

Drilling

Control

article

Operations
Edition Tools

December Texas

1979

First

Houston

Service

DMsion

Motor

Baker Manual
Motor Handbook Worcestershire
Drilling

1981

First

Edition

England

Drilex
Sixth

10

Dyna-Drill Califomia

and Houston

Texas manual

to

April

1993

Smith International

Dyna-Drill

Handbook

measuring pressure

drilling

fluid

See

on Claim

11
producing
first

Table

response
the

to

changes

in

pressure said changes oressure

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 32 of 33

producing response
to

second changes
in

in

The 889
to

patent
in

core

weight

changes

weight

coil

moves response core
c.1 -II

elements 46
Figure

and

at

41-

The 608
changes

patent
in

regulator

measures

readings and corresponding
c.6
II

generates

signal element

53
and

at

c.5 1125-56

10-17

Brett

article

205

col

page
control

206 schemes and
and response
to

show

signal
in

changes

parameters

e.g
Young
Figure

weight 485
transducers signals
in drilling bit
in

to changes parameters such as

response

weight and
is

Page
next
logical

writes

step and

in

this

to

use

drilling

pressure sensing

as

control

parameters

selecting

automatically
of

The
at p.1
II

knife

and drum
and

choosing signal both said

any one second

1-5 and brake 29
at

signal
said second

elements
Figures

p.2

and

signals to control
drill

Brett article

200
Page
control col

col

Page

205
the system appropriate of

and Appendix
select the

can automatically
signal to

govern release

Young article and Page computer
controller

485
col.2 signals to
is

Figure

488 col drawworks
used
to

relays

and Control

control parameter

-2-

Case 1:03-cv-02579-RPM

Document 145-3

Filed 01/11/2007

Page 33 of 33

relaying

passing
said to

along

or

The 889
27 and

patent
at p.2c.2-

and

elements
Figures

communicating
signal or signals controller

drill

string the

Ia
patent
to

release said response
or signals

drill

string in signal

The 183
is

potentiometer signal discriminator c.9

reading

to said

relayed

the
at

element 128 and
brake

Figure

on by and the
accordingly

signal or
at

discriminator

disengaged
c.10
113-8

and
valve

The 580
opens and

patent valve

462 461
which

gate

then allows
drive

pass through
Il

motor 218 and

and 218 acts

Figures
control
drill
it

16
to

and

engaged
at

acts

lower

p.25-

and Figures

and

Brett

article

199
controlled
in

and col response

the

drill

to such

signals
article

Young
Figure relayed

487
actuator
controls

cal
in

brake
signals feed

response

to

rate of

drawworks

off

Baker Manual changes

Page
to

pressure and

are monitored

Page 14

advancing
constant

maintain

pressure

Drilex manual

pressure monitored
adjusted to maintain

changes
drilling

are
rate
is

standpipe

Dyna-Drill

manual
are

changes 22 -24
bit

22-24 monitored and
or subtracting

pressure

weight on the

maintain

standpipe

-3-