throbber
UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`
`CIVIL ACTION NO. 2:15-CV-445-JRG
`
`JURY TRIAL DEMANDED
`
`
`ONESUBSEA IP UK LIMITED AND
`ONESUBSEA UK LIMITED,
`
`
`Plaintiffs/Counterclaim Defendants, and
`
`
`ONESUBSEA LLC AND
`CAMERON INTERNATIONAL CORP.
`
`
`Counterclaim Defendants,
`
`
`v.
`
`FMC TECHNOLOGIES, INC.
`
`
`Defendant/Counterclaimant.
`
`
`
`
`FMC TECHNOLOGIES’ P.R. 4-1 DISCLOSURES OF PROPOSED TERMS AND
`CLAIM ELEMENTS FOR CONSTRUCTION
`
`Pursuant to P.R. 4-1 and the Rules of Practice for Patent Cases before the Eastern District
`
`of Texas, and the Court’s August 27, 2015, Docket Control Order (Dkt. 32), Defendant and
`
`Counterclaim Plaintiff FMC Technologies, Inc. (“FMCTI” or “Defendant”) hereby serves these
`
`disclosures of proposed terms and claim elements for construction. This disclosure pertains to the
`
`claims of U.S. Patent Nos. 7,063,157 (the “’157 Patent”), 6,715,554 (the “’554 Patent”), 8,776,893
`
`(the “’893 Patent”), 8,066,076 (the “’076 Patent”), 6,637,514 (the “’514 Patent”), 7,111,687 (the
`
`“’687 Patent”), 8,122,948 (the “’948 Patent”), 8,272,435 (the “’435 Patent”), 8,271,864 (the “’864
`
`Patent”), 8,540,018 (the “’018 Patent”), 8,573,306 (the “’306 Patent”), and 8,746,332 (the “’332
`
`Patent”) (collectively, the “Patents in Suit”) that have been asserted as of the date of this disclosure
`
`(the “Asserted Claims”). The Asserted Claims are as follows:
`
`OSS Exhibit 2024, pg. 1
`FMC vs. OSS
`IPR2016-00495
`
`

`

`Asserted Patent
`
`Asserted Claims
`
`6,715,554
`
`7,063,157
`
`6,637,514
`
`7,111,687
`
`8,066,076
`
`8,122,948
`
`8,272,435
`
`8,281,864
`
`8,540,018
`
`8,573,306
`
`8,746,332
`
`8,776,893
`
`
`
`1, 2, 3, 6, 7, 8, 9, 11, 12, 13, 14, 30, 31, 33, 34,
`37, 38
`
`21, 22, 24, 25, 26, 27, 33, 34, 36, 37, 38, 39
`
`1, 2
`
`1, 3, 4, 5, 8, 11
`
`1, 3, 6, 7, 9
`
`1, 2, 5, 6, 7, 8, 9
`
`1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13
`
`13, 15, 18, 19
`
`1, 2, 3, 4, 5, 6, 7, 9, 14, 34, 35, 36, 37, 38
`
`1, 2, 8, 10, 11, 12, 17, 18, 19, 21, 22, 23, 25,
`26, 27, 28, 29, 31, 32, 33, 34, 35, 36, 37, 38,
`39, 41
`
`11, 19
`
`1, 2, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 18,
`19
`
`This preliminary disclosure is based on FMCTI’s present understanding of OneSubsea’s
`
`interpretation of Asserted Claims of the Patents-in-Suit as advanced by OneSubsea in its
`
`Disclosures of Asserted Claims and Infringement Contentions under Patent Rule 3-1. FMCTI
`
`notes that as of this date, OneSubsea and Cameron have not made any Disclosures under Patent
`
`Rule 3-3 (Invalidity Contentions) with respect to the ’157 or ’554 Patents.
`
`FMCTI reserves the right to supplement this disclosure of terms and claim elements for
`
`construction after OneSubsea and/or Cameron makes Disclosures under Patent Rule 3-3, as
`
`additional discovery in the case occurs, after negotiation with the other parties, and as permitted
`
`pursuant by the applicable local and federal rules. Defendant further reserves the right to amend
`
`OSS Exhibit 2024, pg. 2
`FMC vs. OSS
`IPR2016-00495
`
`

`

`these disclosures in the event that OneSubsea is permitted to assert additional claims or additional
`
`patents against FMCTI. FMCTI also reserves the right to alternatively or additionally seek
`
`constructions of words or phrases within phrases identified below.
`
`A.
`
`Terms and Phrases in FMCTI ’157 Patent
` FMCTI does not identify any terms at this time, and reserves its right to identify
`
`terms after receipt of OneSubsea/Cameron’s disclosures under Patent Rule 3-3.
`
`B.
`
`Terms and Phrases in FMCTI ’554 Patent
` FMCTI does not identify any terms at this time, and reserves its right to identify
`
`terms after receipt of OneSubsea/Cameron’s disclosures under Patent Rule 3-3.
`
`C.
`
`Terms and Phrases in OneSubsea ’893 Patent
` “connector”
` “branch”
` “lateral branch”
` “flowline” / “flow line”
` “production line connector”
` “production flowline connector”
` “subsea tree” / “tree”
` “operable for connection and fluid communication with said subsea tree and with
`
`said production flow line, respectfully”
` “whereby said subsea tree is in fluid communication with said production
`
`flowline only through said module and only after said module is connected to said
`
`subsea tree and said production flowline”
` “the module provides access to the tree by a member not disposed on the module”
` “a module to provide the only fluid communication between a subsea installation
`
`comprising a subsea tree and a production flowline”
` “forming a fluid flow passageway which connects between said subsea tree and
`
`said production flowline”
` “a first connector for connecting to said subsea installation”
` “a second connector for connecting to said production flowline”
`
`OSS Exhibit 2024, pg. 3
`FMC vs. OSS
`IPR2016-00495
`
`

`

` “wherein said first connector is disposed on a lateral branch of said subsea tree”
` “a module for fluidly connecting a production line in a subsea tree and a
`
`production flowline to a processing device”
` “comprising at least two connectors one for connecting to said production line in
`
`said subsea tree and another for connecting to said production flowline”
` “defining a fluid flow passageway which connects between said production line
`
`and said production flowline”
` “processing apparatus”
` “without a production wing valve on the module”
` “wherein said choke and a production wing valve are disposed on the subsea tree”
` “hub”
` “wherein the subsea tree and flowline have hubs for connecting to said two
`
`connectors”
`
`D.
`
`Terms and Phrases in OneSubsea ’076 Patent
` “production tree” / “tree”
` “wing block”
` “conduit”
` “diverted”
` “a wing block in a first flowpath”
` “a frame including a body”
` “upwardly facing vertical bore" / “vertical bore extending upwards”
` “processing apparatus”
` “a conduit that is received by the upwardly facing vertical bore and allows fluid
`
`communication in a second flowpath between the production bore, the processing
`
`apparatus, and the wing block”
` “the second flowpath being external of and not forming a portion of the frame
`
`body”
` “where the conduit allows fluid to be diverted from the first flowpath to the
`
`second flowpath”
` “a utility skid tree support system having a wing block”
`
`OSS Exhibit 2024, pg. 4
`FMC vs. OSS
`IPR2016-00495
`
`

`

` “the wing block being mounted to the tree body below the upper end and having a
`
`horizontal production bore aligned with the lateral production port”
` “a production fluid conduit”
` “wherein the production conduit extends vertically downward from the utility skid
`
`and engages the vertical bore in the wing block”
`
`E.
`
`Terms and Phrases in OneSubsea ’514 Patent
` “Christmas tree” / “tree”
` “flowpath”
` “diverting”
` “a first flowpath which has an outlet”
` “first portion of the first flowpath”
` “second portion of the first flowpath”
` “diverting fluids from a first portion of the first flowpath to the second flowpath,
`
`and diverting the fluids from the second flowpath back to a second portion of the
`
`first flowpath”
`
`
`
` “production bore”
`
`F.
`
`Terms and Phrases in OneSubsea ’687 Patent
` “Christmas tree” / “tree”
` “flow diverter assembly”
` “to divert”
` “flowpath”
` “first portion of the first flowpath”
` “second portion of the first flowpath”
` “flow diverter means to divert fluids from a first portion of a first flowpath to the
`
`second flowpath”
` “wherein the flow diverter assembly is located in the first flowpath and separates
`
`the first portion of the first flowpath from the second portion of the first flowpath”
` “means to divert fluids returned from the second flowpath to a second portion of
`
`the first flowpath for recovery therefrom via an outlet of the first flowpath”
`
`OSS Exhibit 2024, pg. 5
`FMC vs. OSS
`IPR2016-00495
`
`

`

` “separates the first portion of the first flowpath from the second portion of the
`
`first flowpath”
` “the tree … including outlets for the first and second flowpaths to divert the
`
`production fluids to a treatment apparatus”
`
`
` “wherein the flow diverter assembly comprises a conduit”
` “production bore”
` “to return the fluids to the tree”
` “flow diverter means to divert production fluids from a production bore via a
`
`second flowpath to treatment apparatus, and to return the fluids to the tree for
`
`recovery from the tree outlet”
`
`G.
`
`Terms and Phrases in OneSubsea ’948 Patent
` “Christmas tree” / “tree”
` “flowpath”
` “production bore”
` “tree body having a production bore”
` “branch bore”
` “branch bore forming part of a first flowpath to and from [a / the] production bore
`
`[of the tree]”
` “forming part of a second flowpath to and from an export line”
` “choke body”
` “choke bore”
` “branch”
` “choke body disposed on the lateral branch”
` “the choke body having a choke bore communicating with the branch bore to
`
`form a part of the first flowpath or a second flowpath with an export line”
` “the choke body having a choke bore communicating with the second branch bore
`
`and export line to form a part of the second flowpath”
` “diverter assembly” / “flow diverter assembly”
` “diverter”
` “diverter bore”
`
`OSS Exhibit 2024, pg. 6
`FMC vs. OSS
`IPR2016-00495
`
`

`

` “a part of the diverter being locatable in a diverter bore either in the lateral branch
`
`or choke body”
` “the diverter and processing apparatus communicating the first flowpath with the
`
`second flowpath”
` “processing apparatus”
`
` “lateral branch”
` “a lateral branch having first and second branch bores with the first branch bore
`
`having a first port and the second branch bore having a second port”
`
`H.
`
`Terms and Phrases in OneSubsea ’435 Patent
` “branch”
` “branch outlet”
` “branch inlet”
` “a branch of mineral extraction tubing, wherein the branch comprises a branch
`
`outlet”
` “diverter”
` “to divert”
` “to return”
` “flow path”
` “coaxial”
` “diverter assembly”
` “wherein the diverter comprises a first fluid path to a diverter outlet and a second
`
`fluid path from a diverter inlet to the branch outlet”
`
`
`
` “wherein the first fluid path is in a first direction to divert flow of a fluid, and the
`
`second fluid path is in a second direction to return flow of the fluid”
` “barrier to separate the branch inlet from the branch outlet”
` “wherein a part of the diverter assembly is sealed inside the branch to block fluid
`
`communication between two separate regions of the diverter assembly”
` “wherein the first and second flow paths are coaxial paths, and the first and
`
`second directions are opposite from one another”
` “wherein the first and second fluid paths are coaxial with one another”
`
`OSS Exhibit 2024, pg. 7
`FMC vs. OSS
`IPR2016-00495
`
`

`

`
`
` “processing apparatus”
`
`I.
`
`Terms and Phrases in OneSubsea ’864 Patent
` “tree”
` “a method of diverting [hydrocarbon] fluids”
` “diverter assembly”
` “diverting”
` “diverting the fluids through the housing”
` “diverting a fluid away from a fluid port of a branch”
` “coaxial”
` “processing apparatus”
` “wherein diverting comprises routing a fluid through the diverter assembly along
`
`a first path in a first direction, routing the fluid from the first path through a loop
`
`from the diverter assembly to a processing apparatus and back to the diverter
`
`assembly, and routing the fluid from the loop through the diverter assembly along
`
`a second path in a second direction, wherein the first and second paths are coaxial
`
`with one another, and the first and second directions are opposite to one another”
` “wherein the diverter assembly comprises a housing having an internal passage”
` “choke body”
` “branch”
` “wherein the branch extends to an export line and a choke body disposed on the
`
`branch”
` “wherein diverting comprises routing the fluid through a first path away from the
`
`fluid port, and routing the fluid back through a second path toward and through
`
`the fluid port”
` “wherein the diverting comprises … inserting a tubular portion of a diverter
`
`assembly into the branch of the mineral extraction component”
`
`J.
`
`Terms and Phrases in OneSubsea ’018 Patent
` “subsea tree assembly”
` “subsea tree” / “tree”
` “diverter assembly”
`
`OSS Exhibit 2024, pg. 8
`FMC vs. OSS
`IPR2016-00495
`
`

`

` “bypass conduit”
` “bypassing”
` “branch”
` “wherein the bypass conduit is configured to couple to the well bore whilst
`
`bypassing at least part of the branch”
` “processing apparatus”
` “wherein the bypass conduit communicates a processing apparatus with the well
`
`bore and a flowline”
` “directly coupled to the branch”
` “wherein an internal passage of the diverter assembly extends within an interior of
`
`the branch”
` “branch outlet”
` “barrier to separate the branch inlet from the branch outlet”
` “wherein a part of the diverter assembly is sealed inside the branch to block fluid
`
`communication to block fluid communication between two separate regions of the
`
`branch”
` “an insert”
` “wherein the two separate regions are separated by an insert of the diverter
`
`assembly”
` “connector”
` “hub”
` “subsea tree hub”
` “production flowline hub”
` “flowline”
` “a first connector for connecting to the subsea tree hub”
` “a second connector for connecting to the production flowline hub”
` “wherein the subsea tree and flowline have hubs for connecting to the two
`
`connectors”
` “forming a fluid flow passageway which connects the subsea tree and the
`
`production flowline”
`
`OSS Exhibit 2024, pg. 9
`FMC vs. OSS
`IPR2016-00495
`
`

`

` “provides the only fluid communication between the subsea tree and flowline”
` “wherein the subsea tree hub is laterally spaced apart from the production
`
`flowline”
`
`K.
`
`Terms and Phrases in OneSubsea ’306 Patent
` “Christmas tree” / “tree”
` “diverter assembly”
` “production bore”
` “to divert”
` “to return”
` “diverter assembly … comprising a housing disposed on the wing branch and
`
`having an internal passage”
` “flowline”
` “wherein the diverter assembly comprises a first path in a first direction to divert
`
`flow of a fluid from the wing branch of the manifold or from a flowline
`
`communicating with the wing branch, and a second path in a second direction to
`
`return flow of the fluid to the other of the wing branch or the flowline”
` “coaxial paths”
` “wherein the first and second [flow] paths are coaxial paths [not passing through
`
`the production bore] and the [first direction is opposite to the second direction /
`
`first and second directions are opposite from one another]”
` “connector”
` “wing branch connector”
` “wherein the diverter assembly comprises a first flow path in a first direction
`
`through the branch to divert flow of the fluid, and a second flow path in a second
`
`direction through the branch to return the flow of the fluid”
` “a branch connected to the production bore and to a flowline and comprising a
`
`first internal passage to flow a fluid between the production bore and flowline”
` “branch outlet”
` “wherein the diverter assembly comprises a first path in a first direction to divert
`
`flow of a fluid from the branch inlet or from the branch outlet, and a second path
`
`OSS Exhibit 2024, pg. 10
`FMC vs. OSS
`IPR2016-00495
`
`

`

`in a second direction to return flow of the fluid to the other of the branch inlet or
`
`branch outlet”
` “branch”
` “a branch having a branch inlet and a branch outlet”
` “a barrier to separate the branch inlet from the branch outlet”
` “wherein a part of the diverter assembly is sealed inside the branch to block fluid
`
`communication”
` “an insert”
` “wherein the diverter assembly includes an insert with an internal passage of the
`
`diverter assembly, the insert extending into an interior of the branch”
` “wherein the manifold is connected to a processing apparatus via the diverter
`
`assembly external to the manifold”
` “the diverter assembly forming a passage between the first and second bores
`
`without passing through the production bore”
` “wherein the branch has at least one port to connect the first path to the first bore
`
`and the second path to the second bore”
` “a conduit”
` “wherein the diverter assembly includes a conduit received by at least one port to
`
`form a barrier between the first bore and the second bore”
` “wherein the first bore communicates with the first path at a first port in the
`
`branch and the second bore communicates with the second path at a second port
`
`in the branch”
` “processing apparatus”
`
`L.
`
`Terms and Phrases in OneSubsea ’332 Patent
` “tree”
` “flow diverter”
` “diverter flowpath”
`
` “to divert”
` “flowpath”
`
`OSS Exhibit 2024, pg. 11
`FMC vs. OSS
`IPR2016-00495
`
`

`

` “the flow diverter to divert fluids from a first portion of the first flowpath to the
`
`second flowpath, and to divert fluids from the second flowpath to a second
`
`portion of the first flowpath”
` “inlet portion of the branch flowpath”
` “outlet portion of the branch flowpath”
` “including a diverter flowpath to divert fluids from the inlet portion of the branch
`
`flowpath to the outlet portion of the branch flowpath”
` “first flowpath comprising an outlet”
` “first portion of the first flowpath”
` “second portion of the first flowpath”
` “branch”
` “branch outlet”
` “a branch flowpath having an inlet portion extending from the production bore
`
`and into the branch and an outlet portion extending from the branch to a branch
`
`outlet”
` “wherein the flow diverter is located in the first flowpath and separates the first
`
`portion of the first flowpath from the second portion of the first flowpath”
` “wherein at least a portion of the flow diverter is located in the branch and
`
`separates the inlet portion of the branch flowpath from the outlet portion of the
`
`branch flowpath at an intersection of the inlet and outlet portions”
` “production bore”
`
`M.
`
`Identification of Claim Elements Governed by 112(6)
`
`
`
`’687 Patent:
`o “flow diverter means to divert [production] fluids from a first portion of a
`
`first flowpath to the second flowpath”
`o “means to divert fluids returned from the second flowpath to a second
`
`portion of the first flowpath for recovery therefrom via an outlet of the first
`
`flowpath”
`o “flow diverter means to divert production fluids from a production bore via
`
`a second flowpath to treatment apparatus, and to return the fluids to the tree
`
`for recovery from the tree outlet”
`
`OSS Exhibit 2024, pg. 12
`FMC vs. OSS
`IPR2016-00495
`
`

`

`
`
`
`
`
`
` ’332 Patent:
`o “flow diverter”
`
`’948 Patent:
`o “diverter”
`
`’435 Patent:
`o “diverter”
`
`
`Dated: October 21, 2015
`
`
`
`
`
`Respectfully submitted,
`
`FMC TECHNOLOGIES, INC.
`
`By its attorneys,
`
`By: /s/ Bret T. Winterle
`
`Bret Winterle
`TX Bar No. 24084249
`winterle@fr.com
`FISH & RICHARDSON P.C.
`1717 Main Street Suite 5000
`Dallas, TX 75201
`Telephone: (214) 747-5070
`
`Ruffin B. Cordell
`TX Bar No. 04820550
`cordell@fr.com
`Indranil Mukerji
`MA Bar No. 644059
`mukerji@fr.com
`Adam Shartzer
`GA Bar No. 118008
`shartzer@fr.com
`FISH & RICHARDSON P.C.
`1425 K Street NW, Suite 1100
`Washington, DC 20005
`Telephone: (202) 783-5070
`Facsimile: (202) 783-2331
`
`ATTORNEYS FOR
`DEFENDANT/COUNTERCLAIMANT
`FMC TECHNOLOGIES, INC.
`
`
`
`
`
`OSS Exhibit 2024, pg. 13
`FMC vs. OSS
`IPR2016-00495
`
`

`

`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a true and correct copy of the above and foregoing
`document has been served on October 21, 2015, to all counsel of record who are deemed to have
`consented to electronic service via the Court’s CM/ECF system per Local Rule CV-5(a)(3).
`
`
`
`
`
`/s/ Bret T. Winterle
`Bret T. Winterle
`
`
`
`OSS Exhibit 2024, pg. 14
`FMC vs. OSS
`IPR2016-00495
`
`

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