DECLARATION OF ALI DANESHY
`
`1.
`
`My name is Ali Daneshy. I am over the age of twenty-one (21) years,
`
`of sound mind, and capable of making the statements set forth in this Declaration.
`
`I am competent to testify about the matters set forth herein. All the facts and
`
`statements contained herein are within my personal knowledge and they are, in all
`
`things, true and correct.
`
`2.
`
`I have been asked by Baker Hughes Incorporated (“Baker Hughes”) to
`
`submit this declaration in support of its challenge to the validity of certain claims
`
`of U.S. Patent No. 7,543,634 (“the ’634 Patent”).
`
`I.
`
`Education and Experience
`
`3.
`
`4.
`
`My curriculum vitae is attached as Exhibit 1.
`
`I received a Master of Science Degree in Mining Engineering from
`
`the University of Tehran in 19641, a Master of Science Degree in Mineral
`
`Engineering (Rock Mechanics) from the University of Minnesota in 1968, and a
`
`Ph.D. in Mining Engineering (Rock Mechanics) from the University of Missouri-
`
`Rolla in 1969.
`
`BAKER HUGHES INCORPORATED AND
`BAKER HUGHES OILFIELD
`OPERATIONS, INC.
`Exhibit 1007
`
`BAKER HUGHES INCORPORATED AND
`1 At that time, the University of Tehran did not offer a bachelor’s degree in
`BAKER HUGHES OILFIELD
`OPERATIONS, INC. v. PACKERS PLUS
`ENERGY SERVICES, INC.
`IPR2016-00597
`
`engineering.
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`- 1 -
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`Page 1 of 61
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`1.
`
`My name is Ali Daneshy. I am over the age of twenty-one (21) years,
`
`of sound mind, and capable of making the statements set forth in this Declaration.
`
`I am competent to testify about the matters set forth herein. All the facts and
`
`statements contained herein are within my personal knowledge and they are, in all
`
`things, true and correct.
`
`2.
`
`I have been asked by Baker Hughes Incorporated (“Baker Hughes”) to
`
`submit this declaration in support of its challenge to the validity of certain claims
`
`of U.S. Patent No. 7,543,634 (“the ’634 Patent”).
`
`I.
`
`Education and Experience
`
`3.
`
`4.
`
`My curriculum vitae is attached as Exhibit 1.
`
`I received a Master of Science Degree in Mining Engineering from
`
`the University of Tehran in 19641, a Master of Science Degree in Mineral
`
`Engineering (Rock Mechanics) from the University of Minnesota in 1968, and a
`
`Ph.D. in Mining Engineering (Rock Mechanics) from the University of Missouri-
`
`Rolla in 1969.
`
`BAKER HUGHES INCORPORATED AND
`BAKER HUGHES OILFIELD
`OPERATIONS, INC.
`Exhibit 1007
`
`BAKER HUGHES INCORPORATED AND
`1 At that time, the University of Tehran did not offer a bachelor’s degree in
`BAKER HUGHES OILFIELD
`OPERATIONS, INC. v. PACKERS PLUS
`ENERGY SERVICES, INC.
`IPR2016-00597
`
`engineering.
`
`- 1 -
`
`Page 1 of 61
`
`
`
`DECLARATION OF ALI DANESHY
`
`1.
`
`My name is Ali Daneshy. I am over the age of twenty-one (21) years,
`
`of sound mind, and capable of making the statements set forth in this Declaration.
`
`I am competent to testify about the matters set forth herein. All the facts and
`
`statements contained herein are within my personal knowledge and they are, in all
`
`things, true and correct.
`
`2.
`
`I have been asked by Baker Hughes Incorporated (“Baker Hughes”) to
`
`submit this declaration in support of its challenge to the validity of certain claims
`
`of U.S. Patent No. 7,543,634 (“the ’634 Patent”).
`
`I.
`
`Education and Experience
`
`3.
`
`4.
`
`My curriculum vitae is attached as Exhibit 1.
`
`I received a Master of Science Degree in Mining Engineering from
`
`the University of Tehran in 19641, a Master of Science Degree in Mineral
`
`Engineering (Rock Mechanics) from the University of Minnesota in 1968, and a
`
`Ph.D. in Mining Engineering (Rock Mechanics) from the University of Missouri-
`
`Rolla in 1969.
`
`
`1 At that time, the University of Tehran did not offer a bachelor’s degree in
`
`engineering.
`
`- 1 -
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`Page 1 of 61
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`5.
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`I have more than 45 years of industry experience as a geo-mechanical
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`engineer primarily in technology and operations of hydraulic fracturing. I began
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`my career with Halliburton Company in 1969 and held numerous technology and
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`management positions at Halliburton for the next 29 years in areas such as well
`
`stimulation, geo-mechanics, produced water management, software development,
`
`fluid mechanics, intelligent completions, under-balanced drilling, on-site data
`
`acquisition systems, etc. Each of the management positions I held at Halliburton
`
`was created as a result of the growth of my previous projects.
`
`6.
`
`I started at Halliburton’s Duncan, Oklahoma Research Center in 1969
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`as a research engineer performing research related to hydraulic fracturing. During
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`this time, I developed a fracture design software named PROP that became a
`
`widely used fracture design program. PROP was used thousands of times annually
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`to assist operators all over the world in planning and executing successful
`
`fracturing treatments.
`
`7.
`
`In 1972, I was promoted to Group Leader of a new research group.
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`As Group Leader, I led a team of 15-20 engineers in research related to hydraulic
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`fracturing and other related fields (e.g., reservoir engineering, fluid mechanics).
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`The success of this research justified greater resources and, in 1975, I was
`
`promoted to Section Supervisor, where I led a team of 30-50 engineers. During
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`this time, our team focused on several main projects: (1) on-site fracturing data
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`acquisition software development, (2) engineering research, (3) computerized
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`equipment used in the oil and gas field, (4) reservoir engineering, and (5) hydraulic
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`fracturing.
`
`8.
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`The third of these projects was considered by many to be
`
`revolutionary at the time. It involved on-site, computerized data acquisition and
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`analysis during hydraulic fracturing operations, primarily in oil and gas-bearing
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`wells. The results of this data analysis could be given to the customer at the well
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`site. No other company was performing this service at the time. In addition to
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`these developments, I helped develop curriculum and materials for training
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`regarding hydraulic fracturing and stimulation at Halliburton, which were used to
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`train engineers primarily in the field.
`
`9.
`
`In 1983, I was promoted to Department Manager of Reservoir
`
`Research and Engineering, and was responsible for the performance of 40-50
`
`engineers who were in my department. Much of the research performed by my
`
`department during this time related to improving the technology of hydraulic
`
`fracturing, and the use of computer technology, in order to increase production of
`
`oil and gas wells and the efficiency of fracturing operations. For example, my
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`team developed equipment for automated mixing of fracturing fluids—composed
`
`of additives and other chemicals—via computer control rather than manually.
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`These developments increased the effectiveness and decreased the cost of
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`fracturing treatments.
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`10.
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`I also worked with Halliburton during this time to advise and develop
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`technologies used by oil and gas companies in performing the first commercial
`
`hydraulic fracturing operations in horizontal wells, including the very first—drilled
`
`by Maersk Oil in 1987. In this capacity, I became familiar with the pioneering
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`“Perforate, Stimulate, Isolate” (“PSI”) system developed by Baker Oil Tools,
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`which reduced the time to create multiple fractures in a single wellbore from weeks
`
`to days.
`
`11.
`
`In 1989, I formed and led Halliburton’s European Research Center
`
`dedicated to oil and gas operations in the Eastern Hemisphere. While in this
`
`capacity, I continued to develop technologies used by Maersk and others to
`
`improve the production and efficiency of hydraulic fracturing of horizontally
`
`drilled wells, including those used to overcome logistical challenges.
`
`12.
`
`In 1993, I became the Regional Technical Manager for Halliburton in
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`Europe and Africa, while I also advised customers in the Middle East and Asia
`
`Pacific regions. As Regional Technical Manager, I worked directly with
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`operations engineers and personnel to help them implement various Halliburton
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`services, including services related to stimulation methods in horizontal wells.
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`Some of my responsibilities included ensuring that new engineers were properly
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`trained and had access to the most up-to-date technology and resources, and
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`promoting development of new technologies and methods to increase production
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`from oil and gas reservoirs.
`
`13.
`
`In 1996, I was promoted to Vice President of Integrated Technology
`
`Products and moved to Houston, Texas. While in this capacity, I was responsible
`
`for integrating leading-edge technologies into the oil and gas services business,
`
`including underbalanced drilling, multi-lateral wells, advanced data management
`
`techniques, intelligent completions, water control, and more.
`
`14.
`
`I retired from working at Halliburton in 1999, and formed a private
`
`engineering consulting company where I continue to work as a technical advisor
`
`and consultant to oil and gas companies, and oil and gas services companies,
`
`throughout the world. My services include consultations regarding production
`
`stimulation and hydraulic fracturing of vertical and non-vertical wells, well
`
`completions, unconventional and
`
`low permeability reservoir planning and
`
`development, and reservoir stimulation.
`
`15.
`
`Shortly after retiring from Halliburton, in 2004 I became director of
`
`the Petroleum Engineering Program at the University of Houston and, while in this
`
`position, initiated the establishment of an undergraduate petroleum engineering
`
`curriculum. I continue to teach as an adjunct professor at the University of
`
`Houston to this day. I have also been a guest lecturer on topics related to well
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`completion and fracturing at many universities in the United States and abroad, and
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`have served on Ph.D. advisory boards and committees.
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`16. During my career, I have authored more
`
`than 45
`
`technical
`
`publications and 15 papers related to technology management and creativity, which
`
`are listed in my attached curriculum vitae, as well as book chapters, on the subject
`
`of hydraulic fracturing. I am also the publisher and co-Editor-in-Chief of a
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`quarterly journal called “HFJ” (Hydraulic Fracturing Journal) dedicated entirely to
`
`the dissemination of the latest hydraulic fracturing technologies.
`
`17.
`
`I have also received several awards and served in various positions—
`
`including multiple chairman positions—on a large number of committees and
`
`boards related to petroleum engineering. These positions and awards are listed in
`
`my curriculum vitae. Notable positions include Director At Large on the Society
`
`of Petroleum Engineers’ (“SPE”) Board of Directors, including two chair
`
`positions, and Chairman of the Journal of Petroleum Technology Roundtable.
`
`Notable awards include both the SPE Distinguished Member Award and the SPE
`
`Distinguished Service Award for contributions to hydraulic fracturing, as well as
`
`being named a SPE Distinguished Lecturer in 2004.
`
`18. Having the above knowledge and experience, I am well qualified to
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`offer the opinions I express in this declaration.
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`II.
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`Compensation
`19.
`In consideration for my services, my work on this case is being billed
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`to Baker Hughes at an hourly rate of $562.50 per hour, independent of the outcome
`
`of this proceeding. I am also being reimbursed for reasonable expenses I incur in
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`relation to my services provided for this proceeding.
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`III. Legal Considerations
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`20. My understanding of the law is based on information provided by
`
`counsel for Baker Hughes.
`
`21.
`
`I understand that a claimed invention is obvious and, therefore, not
`
`patentable if the subject matter claimed would have been considered obvious to a
`
`person of ordinary skill in the art at the time that the invention was made. I
`
`understand that there must be some articulated reasoning with some rational
`
`underpinning to support a conclusion of obviousness. I further understand that
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`exemplary rationales that may support a conclusion of obviousness include:
`
`(1) simply arranging old elements in a way in which each element performs the
`
`same function it was known to perform, and the arrangement yields expected
`
`results, (2) merely substituting one element for another known element in the field,
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`and the substitution yields no more than a predictable result, (3) combining
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`elements in a way that was “obvious to try” because of a design need or market
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`pressure, where there was a finite number of identified, predictable solutions,
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`(4) whether design incentives or other market forces in a field prompted variations
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`in a work that were predictable to a person of ordinary skill in the art, and (5) that
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`some teaching, suggestion, or motivation in the prior art would have led one of
`
`ordinary skill in the art to modify the prior art reference or to combine prior art
`
`references to arrive at the claimed invention, among other rationales.
`
`IV. Task Summary
`22.
`I have been asked to review the challenged U.S. patent: the ’634
`
`Patent. I have been asked to provide my opinions from the perspective of a person
`
`of ordinary skill, having knowledge of the relevant art, as of November 19, 2001,
`
`and the opinions stated in this declaration are from that perspective. The
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`qualifications and abilities of such a person are described in paragraphs 43-52
`
`below. I have also been asked to consider whether any of my opinions would
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`change if this date was August 21, 2002 instead of November 19, 2001. They
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`would not. I am not aware of any developments in that intervening time period
`
`that would have meaningfully altered how a person of ordinary skill, having
`
`knowledge of the relevant art, would have viewed the issues I address.
`
`23.
`
`In preparing this declaration, I have considered this patent in its
`
`entirety and the general knowledge of those familiar with the field of oil and gas
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`completion and stimulation, and specifically systems for completion and
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`stimulation, as of November 19, 2001.
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`24.
`
`I have also reviewed the references in their entirety that form the basis
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`for Baker Hughes’ challenge to the ’634 Patent, including the publications listed in
`
`the following table:
`
`Short Title
`
`Publication
`
`’634 Patent
`
`U.S. Patent No. 7,543,634
`
`Thomson
`
`Hartley
`
`Ellsworth
`
`D.W. Thomson, et al., Design and Installation of a Cost-
`Effective Completion System for Horizontal Chalk Wells Where
`Multiple Zones Require Acid Stimulation, SPE (Society for
`Petroleum Engineering) 37482 (1997)
`
`U.S. Patent No. 5,449,039
`B. Ellsworth, et al., Production Control of Horizontal Wells in
`a Carbonate Reef Structure, 1999 Canadian Institute of
`Mining, Metallurgy and Petroleum Horizontal Well Conference
`
`Echols
`
`Brown
`
`U.S. Patent No. 5,375,662
`
`U.S. Patent No. 4,018,272
`
`Hutchison
`
`U.S. Patent No. 4,099,563
`
`U.S. Patent No. 6,257,338
`
`U.S. Patent No. 4,279,306
`
`K.W. Lagrone, et al., A New Development in Completion
`Methods, SPE 530-PA (1963)
`
`M.J. Eberhard, et al., Current Use of Limited-Entry Hydraulic
`Fracturing in the Codell/Niobrara Formations—DJ Basin, SPE
`(Society for Petroleum Engineering) 29553 (1995)
`
`Kilgore
`
`Weitz
`
`Lagrone
`
`Eberhard
`
`
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`V.
`
`Field of Technology
`25.
`The ’634 Patent describes a method and apparatus for selectively
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`stimulating or treating multiple segments of an oil well using ball-actuated sleeves
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`to open and close ports through a tubing string. See ’634 Patent at 1:21-24,
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`2:36-3:4. Stimulation or treatment of a well generally involves injecting fluid at
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`sufficiently high pressure into a well to create fractures in the formation, which
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`increase the flow of oil and gas from the formation into the wellbore.
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`A. Wellbore Construction and Completion
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`26. A well is formed by drilling a hole into a geological formation with
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`oil or gas reserves to form a “wellbore.” Such wellbores include at least one
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`vertical portion descending downward from the earth’s surface, and may include
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`one or more horizontal portions that extend outward from the vertical portion to
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`maximize the length of the wellbore that is within and able to receive oil and gas
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`from an oil-bearing formation.
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`27. Horizontal drilling became widespread in the 1990s and has been one
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`of the primary drivers behind the increased production of oil and gas in the United
`
`States over the past two decades. Oil and gas reservoirs (e.g., shale plays) are
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`typically found in horizontal strata. Horizontal drilling allows drillers to reduce the
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`footprint of oil and gas field development and increase the length of the “pay zone”
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`that is intersected by the wellbore so that the overall production of the well would
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`increase. Horizontal drilling is particularly useful in shale formations, which do
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`not have sufficient permeability to produce economically with a vertical well.
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`28. After a wellbore is formed, it is often lined with pipe or “casing” that
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`can help to protect the wellbore from erosion and maintain its stability during
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`various well operations, such as when oil and gas is extracted from the formation
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`and/or when fluids are injected into the wellbore as described in more detail below.
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`In cased completions, casing (or liner) is cemented—the annulus between the
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`casing and the wall of the wellbore is filled with cement—to (i) protect the
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`environment and near-surface formations from leakage of reservoir fluids,
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`(ii) improve wellbore stability, (iii) control the location of fracture initiation, as
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`described below, and (iv) provide greater well serviceability, among other benefits.
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`Casing also provides a smooth, round surface that devices called “packers” can
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`seal against to isolate segments of the wellbore, as also described below. After
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`casing is installed in a wellbore, openings through the casing are created within
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`hydrocarbon-bearing strata—in a process known in the art as “perforating”—to
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`allow oil and/or gas to flow from the formation into the wellbore. See, e.g., ’634
`
`Patent at 1:30-32 (Background of the Invention section).
`
`29.
`
`In some applications, a portion of a wellbore in a production zone is
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`not cased. Such an uncased wellbore is often referred to as an “open hole” and,
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`due to the absence of casing, provides direct access to a hydrocarbon-containing
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`formation. As explained in the Background of the Invention section of the ’634
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`Patent, the lack of casing “expose[s] porosity and permit[s] unrestricted wellbore
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`inflow of petroleum products.” ’634 Patent at 1:28-32. At least as early as 1999,
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`such “[o]pen hole completions ha[d] been the accepted practice for horizontal
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`wells” in at least some areas. See B. Ellsworth, et al., Production Control of
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`Horizontal Wells in a Carbonate Reef Structure, 1999 Canadian Institute of
`
`Mining, Metallurgy and Petroleum Horizontal Well Conference (“Ellsworth”) at
`
`p. 1, Abstract; Echols at 1:25-34. In certain formations, the zone might be left
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`entirely bare, or alternatively include some sand-control and/or flow-control
`
`equipment. See, e.g., Echols at 1:25-34. Unlike cased-hole completions, open-
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`hole completions generally do not require perforating of the wellbore wall prior to
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`stimulation operations. Such open-hole completions tend to be popular in
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`horizontal wells, in which cemented installations are more expensive and
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`technically more difficult. See Echols at 1:25-34; Ellsworth at 8 (“The goal of cost
`
`effective use of horizontals can be enhanced with the ability to segment, and
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`control production without the need to run and cement liners.”).
`
`30.
`
`It is common in both cased and “open hole” completions for a small-
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`diameter pipe generally referred to in the art as “production tubing” to be installed
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`or “run” into the well to provide a path for petroleum products to flow to the
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`surface.
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`31. Historically, petroleum products were produced from a formation
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`thanks to the formation’s high natural formation pressure and permeability. More
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`recently, when natural formation permeability is not high enough, a well may be
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`stimulated to enlarge or create new channels within the formation to allow oil and
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`gas to flow through the formation and into the wellbore. See ’634 Patent at
`
`1:35-36.
`
`B. Well Stimulation and Treatment
`32. A well may be stimulated by pumping a mixture of fluid and
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`additives, such as acid, into the wellbore under pressure. At sufficiently high
`
`pressures, the stimulation fluid fractures or “fracs” the formation, which forms
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`cracks radiating outward from the wellbore into the formation. In “frac’ing,” the
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`stimulation fluid typically includes a “proppant” to “prop” open the cracks. Sand
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`is one type of proppant. Other proppant types include ceramic particles. In a
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`related technique for well stimulation, which may be referred to in the art as
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`“acidizing,” an appropriate acid is pumped into the formation which chemically
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`reacts with the formation to create similar conductive channels.
`
`33. A wellbore will typically intersect or cross multiple sections or
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`“zones” of a formation. Not all intersected zones include oil and gas. See, e.g.,
`
`Ellsworth at Figures 7 and 11. Some zones include fluids like water that can be
`
`problematic if they enter the wellbore. Ellsworth at 2-3 (“[W]ater or gas
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`breakthrough can be a problem for some of these wells. . . . The ability to establish
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`long term isolation of segments within the reservoir is key to controlling and
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`optimizing production from these horizontal wells.”). Some zones may be too
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`small to justify the expense of attempting to produce oil and gas from the zone. It
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`is therefore often better to isolate the wellbore from these types of undesirable
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`zones and stimulate only desirable zones.
`
`34. One example of a stimulation technique that is commonly used in
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`horizontal wells with cemented casings is known as “Plug & Perf.” This technique
`
`involves pumping down the wellbore a bridge plug and perforating guns to a
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`targeted location in the well, typically starting near the bottom or “toe” and moving
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`toward the “heel”—where the wellbore transitions from horizontal to vertical. The
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`perforating guns are fired to punch small holes in the casing to allow fluid
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`communication between the casing and the formation. The perforating guns are
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`then removed from the wellbore, and a ball is pumped down to close the pre-set
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`bridge plug. Once the plug is closed, fracture stimulation fluid (including
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`proppant) is pumped into the wellbore, where the plug seals lower portions of the
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`well and diverts the fracture fluids through the perforations to create fractures in
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`the formation. After each zone (or stage) is completed, the operation is
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`sequentially repeated up-hole until all desired wellbore zones are fractured. The
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`bridge plugs and balls are then milled to open the wellbore and allow oil and gas to
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`flow to the surface. In this “Plug & Perf” approach, the bridge plugs are used to
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`isolate zones within the wellbore.
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`35. Other approaches use “packers” instead of bridge plugs for isolating
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`zones. Packers are tools that seal around production tubing or liner in the wellbore
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`(whether cased or uncased) to direct stimulation fluid into a desired zone and
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`prevent its entry into other zones. A single tubing string can include multiple
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`packers as it is run into the wellbore, making it easier to isolate multiple zones at
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`once and then stimulate those zones.
`
`36. One example of a system for stimulating or treating zones of a
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`formation using packers is described in U.S. Patent No. 4,099,563 (“Hutchison”).
`
`As shown in Hutchison’s Figures 2 and 4, inset below, Hutchison injects treatment
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`fluids through sleeves 20, 21 [blue], each of which includes a seat 44 [purple] that
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`is designed to mate with and be sealed by a specific sized ball [green]. Hutchison
`
`at 3:64-4:59. The sleeve 20 is opened by “dropping” the correspondingly sized
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`ball 48 into the tubing string to seals against seat 44. Hutchison at 4:49-59. This
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`seal prevents fluid from passing through the seat, and the resulting buildup of fluid
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`pressure shifts the lower sleeve 20 down into the open position, as shown in Figure
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`4, to open the port (annular chamber 36) and allow stimulation fluid (steam) to
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`flow into the tubing string. Hutchison at 4:49-59.
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`Sleeve [blue]
`
`Seat (44)
`[purple]
`
`Seat (44)
`[purple]
`
`Ball (48) [green]
`
` Sleeve [blue]
`
`37. As shown in Hutchison’s FIG. 1, inset below, upper and lower sleeves
`
`20 and 21 are positioned to inject stimulation fluid into corresponding zones that
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`are isolated with cup-type packers 22, 23, 24, and 25 to isolate zones within the
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`formation. See Hutchison at FIG. 1 and 2:51-58.
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`38. A ball is first dropped into
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`the tubing string to open lower sleeve 20
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`[blue] to allow stimulation fluid to be
`
`Packer
`
`injected into the lower zone that is isolated
`
`between packer cups 22 and 23 [red].
`
`Once the lower zone is treated, a larger
`
`ball 48 is dropped into the tubing string to
`
`open upper sleeve 21 [blue] (which differs
`
`Packer
`
`Packer
`
`Sleeve
`
`from sleeve 20 only in that sleeve 21
`
`includes a larger diameter seat 44) to
`
`allow the upper zone between packer cups
`
`22 and 23 to be treated. Hutchison at
`
`4:60-6:17. A person of ordinary skill in
`
`the art would have recognized that this
`
`process can be repeated for any suitable
`
`number of zones, limited only by the
`
`number of different sized balls that can fit
`
`into the tubing string.
`
` In this way,
`
`Hutchison permits zones to be selectively
`
`treated one at a time.
`
` Sleeve
`
` Packer
`
`- 17 -
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`Page 17 of 61
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`
`
`39. Halliburton developed another example of this system in the late
`
`1990s in which multiple sliding sleeves were isolated between packers that could
`
`be simultaneously run into the wellbore. See, e.g., D.W. Thomson, et al., Design
`
`and Installation of a Cost-Effective Completion System for Horizontal Chalk Wells
`
`Where Multiple Zones Require Acid Stimulation, SPE (Society for Petroleum
`
`Engineering) 37482 (1997) (“Thomson”). Relative to approaches like Plug & Perf,
`
`described above, Thomson’s ball-actuated, sliding-sleeve “technique provided a
`
`substantial reduction in the operational time normally required to stimulate
`
`multiple zones and allowed the stimulations to be precisely targeted within the
`
`reservoir.” Thomson at 97, Abstract.
`
`C.
`
`Types of Packers
`
`40. While Hutchison used cup-type packers to isolate zones within a
`
`formation (Hutchison at 2:51-58), other types of packers have also been known for
`
`many years. For example, inflatable packers have long been used in both open
`
`hole and cased completions. See, e.g., Echols at 1:43-44 (“Inflatable packers are
`
`preferred for use in sealing an uncased well bore.”); see also ’634 Patent at
`
`1:46-48. (Background “[I]nflatable packers may be limited with respect to pressure
`
`capabilities as well as durability under high pressure conditions.”).
`
`41. Other alternatives include various “solid body packers.” Solid body
`
`packers (SBPs) extrude one or more resilient packing elements outward by
`
`- 18 -
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`Page 18 of 61
`
`
`
`compressing the packing element(s) along the length of the tubing string, thereby
`
`causing the packing element(s) to be squeezed radially outward to seal the annulus
`
`around the tubing string within the wellbore. As explained in Ellsworth,
`
`“[a]lthough the expansion ratios for [solid body packers] are [not] as large as for
`
`inflatables, the carbonate formation in Rainbow Lake generally drills very close to
`
`gauge hole, and effective isolation is possible with these SBP’s.” Ellsworth at 3.
`
`In another example, U.S. Patent No. 6,257,338 (“Kilgore”) explains that its
`
`packers, “sealing devices 30, 32, 34 are representatively and schematically
`
`illustrated . . . as inflatable packers . . . [o]f course, other types of packers, such as
`
`production packers settable by pressure, may be utilized for the packers 30, 32, 34
`
`. . . .” See Kilgore at 4:35-42. Many such solid-body packers are hydraulically
`
`“set” by delivering hydraulic fluid under pressure to a piston that compresses the
`
`packing element(s). See, e.g., Ellsworth at 3; Kilgore at 4:35-42.
`
`42.
`
`Ellsworth also explains that even though “[h]istorically, inflatable
`
`packers were used for water shut-off, stimulation, and segment testing,” “[m]ore
`
`recently, solid body packers (SBP’s) (see Figure 4) have been used to establish
`
`open hole isolation.” Ellsworth at 3. Ellsworth’s solid body packers “provide a
`
`mechanical packing element that is hydraulically activated. . . . to provide a long-
`
`term solution to open hole isolation without the aid of cemented liners.”
`
`Ellsworth at 3 (emphasis added). “Although the expansion ratios for these packers
`
`- 19 -
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`Page 19 of 61
`
`
`
`are [not] as large as for inflatables, the carbonate formation in Rainbow Lake
`
`generally drills very close to gauge hole, and effective isolation is possible with
`
`these SBP’s.” Ellsworth at 3. The description of “very close to gauge hole” means
`
`that the borehole is round instead of oval, and very close in size to the drill bit,
`
`which characteristics can be achieved in formations that are mechanically
`
`competent. Ellsworth illustrates a principle that had been known and applied in the
`
`industry for decades, that tools—such as solid-body packers used in the historically
`
`more-prevalent cased holes—can also be used, and often are tried and used
`
`successfully, in open-hole completions as they have become more common.
`
`VI. A Person of Ordinary Skill in the Art
`
`43.
`
`It is my opinion that a person of ordinary skill in the art as of
`
`November 19, 2001 is a person who earned a bachelor of science degree in
`
`mechanical, petroleum, or chemical engineering, or similar degree and had at least
`
`two to three years of experience with downhole completion technologies related to
`
`fracturing.
`
`44.
`
`Such a person would have been familiar with the options and
`
`considerations described in Section V above. Such a person would have further
`
`understood that certain of these options were better suited to some formation or
`
`wellbore types than others, and would have known to consider different types of
`
`completions, tools, and configurations depending on formation or wellbore types
`
`- 20 -
`
`Page 20 of 61
`
`
`
`and characteristics, such as the ones described in Section V above. Such a person
`
`would have understood the various stimulation methods, and types and uses of
`
`packers to perform selective fluid treatment of wellbores—and the use of those
`
`methods and techniques in combination with or as substitutes for one another. For
`
`example, a person of ordinary skill in the art would have appreciated the possibility
`
`of using acidizing systems to fracture certain carbonate formations, and would
`
`have recognized how tools and components could function and that certain
`
`components, such as hydraulically set solid-body packers, may work better under
`
`certain conditions than other components, such as inflatable packers.
`
`45.
`
`Such a person would have usually worked in a team environment and,
`
`in addition to his or her own skills and experiences and those of other team
`
`members, would also have had access to (and been trained and encouraged to seek
`
`out) other technical experts, libraries of tools and systems, descriptions, catalogs
`
`and technical information relating to well completion technology and fracturing.
`
`Such a person would have also routinely accessed, understood, and applied such
`
`information in a variety of projects and applications, each with its own unique
`
`characteristics and challenges, and would have routinely consulted with team
`
`members (and others outside the team) with diverse educational backgrounds and
`
`technical experiences to address these unique characteristics and challenges.
`
`- 21 -
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`Page 21 of 61
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`
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`46.
`
`Such a person would have been a person of ordinary creativity as well
`
`as skill and would have innovated, and interchangeably used systems and tools,
`
`based on the technology developed for different but related applications. For
`
`example, as described in Thomson, persons of ordinary skill in the art developed a
`
`“multi-stage acid frac tool” for stimulation operations based on a sliding sleeve
`
`used for circulating operations. See Thomson at 97 (“key element . . . is a multi-
`
`stage acid frac tool (MSAF) that is similar to a sliding sleeve circulating device
`
`. . . .”). In fact, sliding sleeves have been used in many applications of completing
`
`a wellbore and a person of ordinary skill would have understood their value when
`
`approaching any new completions-related challenge. See, e.g., Hutchison (used for
`
`steam injection); Thomson (used for stimulation); Weitz (used for washing and
`
`circulating); Ellsworth at 8 (used for testing); Hartley (used for perforating
`
`lining/casing or stimulation); Echols (used for setting packers or stimulation).
`
`47.
`
`Such a person would have also been familiar with, and motivated to
`
`select tools and characteristics for completion of a well, based on various
`
`considerations related to the economy of a well. For example, such a person would
`
`have understood that, all other things being equal, it is more expensive to complete
`
`a cased well than to complete an open hole well. This is due primarily to the
`
`additional cost of the casing and cement, the cost of the additional labor to install
`
`the casing and cement, and the additional time needed to install the casing and
`
`- 22 -
`
`Page 22 of
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