`
`UNITED STATES D'STR"CT COURT
`SOUTHERN DISTRICT OF TEXAS
`HOUSTON DIVISION
`
`WESTERNGECO LLC,
`
`PLAINTIFF,
`
`VS.
`
`ZION GEOPHYSICAL
`
`CORPORATION, FUGRO GEOTEAM,
`“Nc., ET AL,
`
`DEFENDANTS
`
`4:09-CV-01827
`HOUSTON, TEXAS
`
`JULY 24, 2012
`7:37 A.M.
`
`JURY TRIAL
`TRANSCRIPT OF
`BEFORE THE HONORABL
`E KEITH P. ELLISON
`UNITED STATES DISTRICT JUDGE
`
`A P P E A R A N C E S:
`
`FOR THE PLAINTIFF:
`
`Lee K. Kaplan
`SMYSER KAPLAN & VESELKA LLP
`Bank of America Center
`700 gouisiana, Suite 2300
`HOus:On, Texas
`77002
`
`Gregg F. Locascio
`KIRKLAND & ELLIS LLP
`655 Fifteenth Street Northwest
`
`Washington, DC 20005
`
`Sarah Tsou
`
`Timothy K. Gilman
`KIRKLAND & ELLIS LLP
`
`Citigroup Center
`153 East 53rd Street
`New York, New York
`
`10022
`
`REE’ CQPY I CERTIFY
`
`
`
`Mayra Malone,
`mayrama10ne@
`
`CSR, RMR,
`comcast.net
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`WESTERNGECO Exhibit 2154, pg. 1
`PGS V. WESTERNGECO
`IPR2014-01478
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`WESTERNGECO Exhibit 2154, pg. 1
`PGS v. WESTERNGECO
`IPR2014-01478
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`
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`LOCASCIO Continued Direct of THOMAS SCOULIOS
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`316
`
`Q
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`Same company?
`
`A Yes.
`
`Q When you said they were an early adopter of the technology,
`
`what do you mean?
`
`A
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`Statoil had been using Q for many years.
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`They had
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`written —— they were very proud of the stuff.
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`They had worked
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`with us on it.
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`They had written glowing report cards of our
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`use of it.
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`They had said that our technology was above and
`
`beyond the best.
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`MW. LOCHSCZUJ Pull up Plaintiff's Exhibit Number 95.
`
`BY MR. LOCASC:O1
`
`Q What are we looking at here, sir?
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`This is a press release by Schlumberger.
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`What is the title o: it?
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`"Realtime news, Statoil awards WesternGeco Q—Marine 4D
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`A Q
`
`A
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`projects in Norway."
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`Q
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`And it says "repeat surveys," the subheading. What is a
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`repeat survey?
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`A
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`Q
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`A
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`Q
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`A repeat survey is a 4D survey.
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`Are there two components to a 4D survey?
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`Yes.
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`The second one,
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`I assume,
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`is the 4D survey. What is the
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`other one called?
`
`A
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`Q
`
`The first survey is called the baseline survey.
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`Are there times where you were asked to bid a survey that
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`CSR, RMR, CRR
`Mayra Malone,
`mayramalone@comcast.net
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`WESTERNGECO Exhibit 2154, pg. 2
`PGS V. WESTERNGECO
`IPR2014-01478
`
`WESTERNGECO Exhibit 2154, pg. 2
`PGS v. WESTERNGECO
`IPR2014-01478
`
`
`
`LOCASCIO Continued Direct of THOMAS SCOULIOS
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`317
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`will ultimately bocom the baseline for a later survey but you
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`a_e not told it is 4D when you do the first one?
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`A
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`Q
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`Yes.
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`In that instance, are you just told it is a 3D survey?
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`A Correct.
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`MR. LOCASCIOI Dave, let's pull back from that and
`
`blow up the second paragraph.
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`The one that begins with "lease
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`selected."
`
`BY M. LOCASCIO:
`
`Q
`
`You mentioned that Statoil was, i: you will, saying nice
`
`things about your product and services.
`
`A
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`Q
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`A
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`Q
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`A
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`They were.
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`Is this one of those examples?
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`They did.
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`Can you read that for the jury?
`
`"We selected the WesternGeco Q-Technology because of the
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`repeatability provided by steer streaming and minimum azimuth
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`variation between base and monitor surveys, said Erik
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`Havarstein, manager, seismic acquisition, Statoil."
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`MW. LOCMSCIOI Let's go down three paragraphs from
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`there,
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`to the one that begins with the other quote.
`
`7HE'MQ7WES3:
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`"Our first Q surveys on Norne confirmed
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`that the repeatability was accurate enough to detect subtle 4D
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`effects and resulted in changed drilling plans. We expect the
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`2004 surveys to similarly increase our knowledge of these
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`CSR, RMR, CRR
`Mayra Malone,
`mayramalone@comcast.net
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`WESTERNGECO Exhibit 2154, pg. 3
`PGSVWNESTERNGECO
`|PR2014~01478
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`WESTERNGECO Exhibit 2154, pg. 3
`PGS v. WESTERNGECO
`IPR2014-01478
`
`
`
`LOCASCIO Continued Direct of THOMAS SCOULIOS
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`318
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`reservoirs, said Hans A4 Aronsen, project leader, seismic
`
`activities, Halten—Nordland area, Statoil Harstad.
`
`BY M. LOCASCIO:
`
`Q Were these comments consistent with what you heard from
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`Statoil and others in the field?
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`A
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`Q
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`They were.
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`We were talking about the Chukchi —~ is that how you
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`pronounce it?
`
`A
`
`Q
`
`Yes, it is.
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`The Chukchi Sea job in the Arctic for Statoil, which
`
`ultimately didn't go to WesternGeco, correct?
`
`A Correct.
`
`Q
`
`A
`
`Did you at WesternGeco tender on the job?
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`We did. We provided —- they asked for services, and we
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`provided a response.
`
`Q
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`Can you explain how the tender process works from a, if you
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`will, paperwork standpoint?
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`What comes first?
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`A
`
`An oil company will put out a request for a tender or a
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`request for bid.
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`They have 20 different names for it, but it
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`is basically, we have this job in this location, we would like
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`it done on this time frame, use it with these survey
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`objectives.
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`Q
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`And did you receive one of those at WesternGeco for the
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`Statoil Chukchi job?
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`A.
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`We did.
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`CSR, RMR, CRR
`Mayra Malone,
`mayramalone@comcast.net
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`WESTERNGECO Exhibit 2154, pg. 4
`PGSVWNESTERNGECO
`|PR2014~01478
`
`WESTERNGECO Exhibit 2154, pg. 4
`PGS v. WESTERNGECO
`IPR2014-01478