U.S. Patent 7,861,774 – Invalidity in view of Halliburton1
`
`
`“Design and Installation of a Cost Effective Completion System For Horizontal Chalk Wells Where Multiple Zones Require Acid
`Stimulation,” D.W. Thomson and M.F. Nazroo, Offshore Technology Conference, May 5-8, 1997, Pages 323-335, OTC 84722,
`qualifies as prior art at least under 35 U.S.C. § 102(a) and § 102(b) (“Halliburton”). Thus, Halliburton anticipates and/or renders
`obvious the asserted claims of the 774 Patent, alone or in combination with other prior art as identified in Defendants’ Invalidity
`Contentions, including:
`- The multi-stage fracture performed at the RET #1 well in Wayne County, West Virginia (which, for example, is a public use)
`and the related publications that describe that completion such as SPE 19090 “Production and Stimulation Analysis of Multiple
`Hydraulic Fracturing of a 2,000-ft Horizontal Well,” A.B. Yost II, W.K. Overbey Jr., SPE Gas Technology Symposium, June
`7-9, 1989 (collectively, “Yost” or “Yost reference”). Yost is prior art under at least 35 U.S.C. §§ 102(a), 102(b), 102(f),
`102(g)(2).
`- Lane Wells Documentary and Product Art, showing combinations of packers and sliding sleeves by Lane Wells (“Lane Wells
`Products”). See, e.g., Composite Catalog from 1956 at DEFINV00007411 (“1956 Composite Catalog”), Lane Wells Tubing
`Port Valve Brochure at DEFINV00008171 (“Tubing Port Valve Brochure”), Lane Wells Packer Handbook at
`DEFINV00007955 (“Packers Handbook”), Lane Wells Packers Brochure from 1956 at DEFINV00007890 (“Packers
`Brochure”), Lane Wells’ pamphlet on “The Use of Packers In Acidizing Operations” at DEFINV00008194 (“Acidizing
`Pamphlet”), US Pat. No. 2,387,003 (“Barnes”) at DEFINV00008293, US Pat. No. 2,618,340 (“Lynd”) at RC_RAP00003173,
`and US Pat. No. 2,005,955 (“Renouf”).
`- U.S. Patent 2,537,066 (“Lewis”), issued Jan. 9, 1951.
`- US Pat. No. 3,062,291 to “Brown,” filed May 11, 1959 and issued Nov. 6, 1962.
`- US Pat. No. 5,375,662 to “Echols,” filed Jun. 30, 1993 and issued Dec. 27, 1994.
`- RockSeal and RockSeal II Packers, as well as the RockSeal System, by Packers Plus, as sold, publicly used, and shown in
`printed publications. See, e.g., July 23, 2008 Declaration of Daniel J Themig (“Themig Declaration”); “5.1 RockSeal™ II
`
`
`1 This is the first supplemental chart.
`2 Note, for purposes of determining limits on prior art, the charted reference, and the similar articles: (1) “Design and Installation of a
`Cost Effective Completion System For Horizontal Chalk Wells Where Multiple Zones Require Acid Stimulation”, D.W. Thomson and
`M.F. Nazroo, SPE Drilling & Completion September 1998, pages 151-156; SPE 51177 (“Halliburton II”) and (2) “Design and
`Installation of a Cost Effective Completion System For Horizontal Chalk Wells Where Multiple Zones Require Acid Stimulation”,
`D.W. Thomson and M.F. Nazroo, 1997 SPE Production Operations Symposium, March 9-11, 1997, pages 97-108, SPE 37482
`(“Halliburton III”) count as a single prior art reference under General Order GO-13-20, Footnote 2 because they are the “closely
`related work of a single prior artist.”
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`Open Hole Packer Series” advertisement from Packers Plus’ website available at Dkt. 59-2 (“Website”); RC_PAC00021933;
`RC_PAC00063156; RC_PAC00018079; and RC_PAC00002017.
`- Wizard Packer and Sliding Sleeve System by Guiberson / Halliburton (“Wizard System”), as sold, publicly used, and shown in
`printed publications. See, e.g., Halliburton Completions Products guide from July 1999 (“Wizard Brochure”); see also Wizard
`II Hydraulic Set Retrievable Packer, Tech Manual, April 1998 (“Tech Manual”); “Multilateral and Horizontal Completions,
`Wizard Packer - A Revolution in Open Hole Packers, The Wizard Packer Provides Outstanding Performance in Open Hole,”
`Dresser Oil Tools (“Wizard Marketing”).
`- Polar Bearfoot Packer, as sold, publicly used, and shown in printed publications. See, e.g., Bearfoot Packer 652-0000
`Datasheet; Polar Completions Engineering Inc. Technical Manual, July 5, 2001, Rev. 1; Polar Completions Engineering Inc.
`Technical Manual, July 5, 2001, Rev. 2; Article entitled “Polar is the Completions Company,” pp. 18-22.
`- Production Control of Horizontal Wells in a Carbonate Reef Structure, Bill Ellsworth et al., 1999 CIM Horizontal Well
`Conference (“Ellsworth”), published by 1999.
`- U.S. Patent No. 6,315,041 (“Carlisle”), which was filed April 15, 1999 and issued November 13, 2001.
`- U.S. Patent No. 6,257,338 (“Kilgore”), which was filed Nov. 2, 1998 and issued July 10, 2001.
`- U.S. Patent No. 5,449,039 (“Hartley”), which was filed Feb. 7, 1994 and issued Sept. 12, 1995.
`These invalidity contentions are not an admission by Defendants that the accused products, including any current or past versions of
`these products, are covered by or infringe any claim, particularly when the claim is properly construed. Nor shall these invalidity
`contentions be construed as an admission that Defendants agree with any claim construction promoted by Rapid Completions to
`support its infringement contentions. The citations herein are exemplary, and should not be viewed as a limitation on Defendants’
`invalidity positions; Defendants reserve the right to further edit these invalidity contentions should the need arise (e.g., when
`additional evidence becomes available).
`
`Halliburton
`The Halliburton reference, alone or in combination with other analogous art, describes
`a method for fracturing a hydrocarbon-containing formation accessible through a
`wellbore.
`
`The wells described in the Halliburton reference are intentionally placed into
`hydrocarbon-containing formations for the production of hydrocarbons. The purpose
`of the stimulations described in Halliburton is to increase the production of
`hydrocarbons from the hydrocarbon-containing formations (e.g., reservoirs) in which
`the wells are placed.
`
`
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`774 Patent
`[1pre] A method for fracturing a
`hydrocarbon-containing formation
`accessible through a wellbore, the method
`comprising:
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`774 Patent
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`Halliburton
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`“Design and Installation of a Cost-Effective Completion System for Horizontal Chalk
`Wells Where Multiple Zones Require Acid Stimulation.”
`
`Halliburton at Title. See also Halliburton II at Title; Halliburton III at Title.
`
`Summary – “An innovative completion design that allows multiple acid fracs to be
`performed in horizontal subsea chalk-formation wells with a single trip into the
`wellbore has recently been codeveloped by a major North Sea operator and an oilfield
`engineering/manufacturing/service company. The project was initiated to develop a
`system that would allow multiple acid stimulations to be efficiently performed in the
`shortest possible time in the North Sea Joanne field. The system ultimately developed
`allows acid stimulation of up to 10 different zones in a single trip with no through-
`tubing intervention.”
`
`Halliburton at 323. See also Halliburton II at 151; Halliburton III at 97.
`
`“By limiting the number of perforations in each group, it was expected that the pressure
`drop across the perforations would be sufficiently high to ensure that fractures would
`be initiated from each group of perforations. This would ensure that all the promising
`areas in the wells would be stimulated.”
`
`Halliburton at 325.
`
`Summary – “This technique provided a substantial reduction in the operation time
`normally required to stimulate multiple zones and allowed the stimulations to be
`precisely targeted within the reservoir. . . . Additionally, this completion method
`allowed the stimulations to be designed and matched to the requirements of each
`reservoir zone, which provided the most cost efficient treatments possible.”
`
`Halliburton at 323. See also Halliburton II at 151; Halliburton III at 97.
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`Halliburton
`“Additionally, it was felt that stimulation programs would be necessary to achieve the
`necessary production potentials.”
`
`Halliburton at 323. See also Halliburton II at 151; Halliburton III at 97.
`
`“This ensured that the most cost efficient treatments possible. Were applied and that
`there would be no compromise to the effectiveness of the procedures to enhance
`production.”
`
`Halliburton at 327. See also Halliburton II at 156; Halliburton III at 101.
`
`This preamble is literally present in the Halliburton reference. This preamble is also
`taught in other, similar references that one skilled in the art could combine with the
`Halliburton reference to achieve predictable results. For example, U.S. Patent No.
`6,315,041 (“Carlisle”), which was filed April 15, 1999 and issued November 13, 2001.
`Carlisle is prior art to the 774 patent. Like the Halliburton article, Carlisle is directed to
`the completion of oil and gas wells, including stimulation. (Carlisle at “Field of the
`Invention”). Carlisle describes a similar method to that described in the Halliburton
`article performed in an open hole. (See Carlisle at 1:5-22). Carlisle also discloses the
`use of Wizard Packers for isolation (Carlisle at 1:43-47). Thus, it would have been
`obvious to a POSITA to combine the Carlisle and Halliburton references to yield the
`predictable result of sealing off the annulus of the open wellbore to isolate zones of the
`formation for fracturing a hydrocarbon-containing formation in open hole.
`
`“The field of oil and gas well stimulation sometimes involves wells with multiple
`horizontal laterals in a vertical well that are drilled to facilitate production from a
`formation. Some of the well laterals are substantially long, up to several thousand feet,
`and it is desirable to stimulate these horizontal well sections to increase their
`production. There are a number of stimulation methods, such as acidizing and
`fracturing.”
`
`Carlisle at 1:15-22.
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`Halliburton
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`“There is another tool, the Wizard Packer from Dresser, that allows isolation of a
`horizontal well into preset lengths to facilitate stimulation of the formation, but it
`requires sending darts into the sections to open sliding sleeves which allow the treating
`fluid to enter into the isolated section.”
`
`Carlisle at 1:43-47.
`
`While the Halliburton reference alone is sufficient to anticipate or at least render
`obvious this element, one skilled in the art would understand that additional references
`may be combined with the Halliburton reference to yield predictable results.
`
`For example, US 6,257,338 (“Kilgore”) can be combined with Halliburton to achieve
`predictable results.
`
`“The present invention relates generally to operations performed within subterranean
`wells and, in an embodiment described herein, more particularly provides apparatus
`and methods for controlling fluid flow within a subterranean well.”
`
`Kilgore at 1:6-10.
`
`“Furthermore, the method 10 is described in terms of producing fluid from the well, but
`the method may also be utilized in injection operations.”
`
`Kilgore at 4:4-7.
`
`“Of course, may modifications, additions, substitutions, deletions, and other changes
`may be made to the methods described above and their associated apparatus, which
`changes would be obvious to one of ordinary skill in the art, and these are contemplated
`by the principles of the present invention. For example, any of the methods may be
`utilized to control fluid injection, rather than production, within a well, . . .”
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`[1a] running a tubing string into an open
`hole and uncased, non-vertical section of the
`wellbore, the tubing string having a long
`axis and an inner bore and comprising:
`
`Halliburton
`
`Kilgore at 16:39-45.
`
`Other well-known art that one skilled in the art could combine with Halliburton to
`achieve predictable results includes the Yost reference. It would have been obvious to
`a person of ordinary skill in the art to combine the Halliburton with Yost to achieve the
`predictable result of fracturing a hydrocarbon-containing formation accessible through
`a wellbore.
`
`Yost discloses that “The performance of multiple hydraulic fracturing treatments along
`a 2000-foot horizontal wellbore was completed in a gas bearing, naturally-fractured
`shale gas reservoir in Wayne County, West Virginia.” Yost at 321.
`
`While Halliburton is sufficient to at least anticipate this limitation, one skilled in the art
`would understand that various aspects of similar systems like Yost could be substituted
`in for the system and method of Halliburton, such as running the Halliburton system in
`open hole, to yield predictable results. Yost is an example disclosure of open hole
`fracturing that would motivate one of ordinary skill in the art to modify the system and
`method of Halliburton to run it in open hole.
`
`The Halliburton reference, alone or in combination with other analogous art, describes
`running a tubing string into an open hole and uncased, non-vertical section of the
`wellbore.
`
`Horizontal wells are non-vertical.
`
`“Design and Installation of a Cost-Effective Completion System for Horizontal Chalk
`Wells Where Multiple Zones Require Acid Stimulation.”
`
`Halliburton at Title. See also Halliburton II at Title; Halliburton III at Title.
`
`Summary – “An innovative completion design that allows multiple acid fracs to be
`performed in horizontal subsea chalk-formation wells with a single trip into the
`
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`Halliburton
`wellbore has recently been codeveloped by a major North Sea operator and an oilfield
`engineering/manufacturing/service company. The project was initiated to develop a
`system that would allow multiple acid stimulations to be efficiently performed in the
`shortest possible time in the North Sea Joanne field. The system ultimately developed
`allows acid stimulation of up to 10 different zones in a single trip with no through-
`tubing intervention.”
`
`Halliburton at 323. See also Halliburton II at 151; Halliburton III at 97. The figures of
`the Halliburton reference also show that the tubing string is run into a non-vertical
`section of the wellbore.
`
`General – “The installation plan for all the wells was the same. The completion was run
`in one trip to the safety valve, and the packers were set simultaneously since the
`packers had the same setting pressure.”
`
`Halliburton at 325. See also Halliburton II at 153; Halliburton III at 99.
`
`Completion Installation – M1 – “Once the lower half of the completion was on depth,
`pressure was applied down the tubing against the pump-out plug (conventional shear-
`screw release) to set all seven packers simultaneously.”
`
`Halliburton at 326. See also Halliburton II at 153; Halliburton III at 99.
`
`To the extent the Halliburton reference does not literally disclose running a tubing
`string into an open hole and uncased, non-vertical section of the wellbore, it would
`have been obvious to one skilled in the art that the system disclosed in Halliburton
`could be used in an open hole and uncased section of the wellbore to achieve
`predictable results, and it would have been obvious to try the Halliburton system in
`open hole.
`
`“The hard rock formations, once drilled, typically provide a circular cross section
`conduit, just as a cased hole does. In these types of hard formations a tool that was
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`Halliburton
`designed for use in cased bole may be used in open hole. The fact is that many tools,
`including anchoring mechanisms and packing elements, that were initially designed for
`cased hole, with no contemplation of being used in open hole, have been used in open
`hole successfully. It is a fact that many tools which utilized compression set
`elastomeric solid packing elements have been used in open hole. . . It is noteworthy to
`point out that downhole tools are often utilized in a way in which they were not
`originally intended. And doing so does not necessarily constitute innovation, invention,
`or development.”
`
`RC_RAP00001596 at RC_RAP00001599-1600; see also 1606-08 and 1616.
`
`“Packing Elements of many different configurations have been used in cased hole as
`well as open hole. . . It is a fact that packing elements which were initially designed for
`cased hole have been used in open hole. . . It is also understood that some areas of the
`same [open hole] wellbore may have areas where there is continuity, therefore allowing
`a packer to seal effectively.”
`
`RC_PAC00046993 at RC_PAC00047419-20.
`
`“It is to be understood that though I show my preferred apparatus I can accomplish the
`same purposes by variants. For example, where the producing formation is firm, it is
`sometimes possible to set packers directly against the formation and to do away with
`casing through the productive section with cement behind.”
`
`Lewis at 3:4-10.
`
`Further, the “open hole” environment of this claim limitation is not a patentable
`distinction over prior art disclosing a cased hole. See In re Schreiber, 128 F.3d 1473,
`1477 (Fed. Cir. 1997) (“It is well settled that the recitation of a new intended use for an
`old product does not make a claim to that old product patentable.”).
`
`Additionally, one skilled in the art could combine well-known and related prior art with
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`Halliburton
`the Halliburton reference to achieve predictable results in open hole.
`
`Other well-known art that one skilled in the art could combine with Halliburton to
`achieve predictable results includes the Yost reference. Yost discloses running a tubing
`string (“casing string”) into an open hole “2000-foot horizontal wellbore,” where the
`tubing string has 8 inflatable packers and 14 “sliding sleeve ported collars,” as shown
`below in annotated Figure 2:
`
`
`First Packer
`
`Long Axis
`
`Inner Bore
`
`Second Packer
`
`Third Packer
`
`First Port/Sliding Sleeve
`
`Second Port/Sliding Sleeve
`
`
`
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`Yost at 322 & Figure 2. Horizontal wells are non-vertical. The long axis and inner
`bore of the tubing string are annotated in the Figure above.
`
`Yost, therefore, teaches fracturing in horizontal open hole and doing so with alternating
`packers and sliding sleeves. It would have been obvious to run the Halliburton system
`of alternating packers and sliding sleeves in such an open hole for the purpose of
`fracturing, which is precisely what Yost teaches. Running the Halliburton system in
`open hole would eliminate the need and expense of casing and perforating.
`Additionally, the use of the same retrievable packers and ball drop actuated sliding
`sleeves of Halliburton in open (instead of cased) hole wells was known to yield
`predictable results as Packers Plus’s experts (Trahan and Britton) and Mr. Themig have
`opined in the previous litigation against Halliburton
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`774 Patent
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`Halliburton
`Other art that can be combined with Halliburton includes Production Control of
`Horizontal Wells in a Carbonate Reef Structure, Bill Ellsworth et al., 1999 CIM
`Horizontal Well Conference (“Ellsworth”), published by 1999. Ellsworth is prior art to
`the 774 patent. As described in the cover pleading, it would have been obvious to
`combine Ellsworth and Halliburton because, like the Halliburton article, Ellsworth is
`directed to the completion of oil and gas wells. (Ellsworth at Abstract). Ellsworth
`describes a similar method to that described in the Halliburton article performed in an
`open hole. (See Ellsworth generally). As further explained in the cover pleading, this
`shows it would have been obvious to try the Halliburton system in open hole.
`
`Ellsworth discloses an apparatus that utilizes packers for open hole completions. “This
`paper presents several well case histories that illustrate the application of advancements
`in establishing isolation in the open hole horizontal completions to accomplish various
`objectives in the successful application of horizontal wells.”
`
`Ellsworth at 1.
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`Halliburton
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`Ellsworth at Figure 4 (“The solid body packer is hydraulic set instead of inflatable
`(Guiberson / Halliburton Wizard II packer shown)”).
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`Halliburton
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`Ellsworth at Figure 5 (“The Solid Body Packers were used to segment the well, and
`provide isolation of the center portion of the well.”).
`
`“Each isolation point was established using two SBP’s [Solid Body Packers]…”
`
`Ellsworth at 5.
`
`The Wizard Packer disclosed in Ellsworth is described below in more detail.
`
`Other art that one skilled in the art could combine with the Halliburton reference to
`achieve predictable results includes U.S. Patent No. 6,315,041 (“Carlisle”), which was
`filed April 15, 1999 and issued November 13, 2001. Carlisle is prior art to the 774
`patent. As described in the cover pleading, it would have been obvious to combine
`Carlisle and Halliburton because, like the Halliburton article, Carlisle is directed to the
`completion of oil and gas wells, including stimulation. (Carlisle at “Field of the
`Invention”). Carlisle describes a similar method to that described in the Halliburton
`article performed in an open hole. (See Carlisle at 1:5-22). As further explained in the
`cover pleading, this shows it would have been obvious to try the Halliburton system in
`open hole.
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`Halliburton
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`Carlisle discloses an apparatus that utilizes packers for open hole completions.
`
`Col. 1, ll. 5-47:
`
`“1. Field of the Invention
`
`
`This invention relates generally to the field of oil and gas well stimulation, and
`more particularly, to isolating segments of a subterranean cased or open hole well for
`stimulating and/or testing purposes. The invention is particularly well-suited for
`stimulating horizontal wellbores that extend through a naturally fractured reservoir.
`
`2. Description of the Related Art
`The field of oil and gas well stimulation sometimes involves wells with multiple
`horizontal laterals in a vertical well that are drilled to facilitate production from a
`formation. Some of the well laterals are substantially long, up to several thousand feet,
`and it is desirable to stimulate these horizontal well sections to increase their
`production. There are a number of stimulation methods, such as acidizing and
`fracturing. The typical way to stimulate the horizontal sections of a wellbore is to fill
`the entire horizontal wellbore with the desired stimulation fluid, increase the fluid
`pressure, and hope that the fluid encounters and enhances the formation's natural
`fractures. However, according to recent studies this method of stimulating a long
`horizontal section of a well only effectively treats the initial interval (e.g. the first one-
`thousand feet or so) of that section. It is desirable to enhance the natural fractures in the
`formation all the way to the end of the horizontal well, but current methods do not
`effectively provide for this. In order to effectively fracture a long horizontal well, the
`well needs to be isolated into sections which can each be independently stimulated.
`One way to isolate horizontal sections of a well in anticipation of fracturing is
`to use inflatable packers. Inflatable packers can be maneuvered into a desired section of
`the horizontal well and set to isolate the section. However, inflatable packers have a
`limited pressure containing capacity, often not enough to facilitate fracture of a
`formation, and therefore they have a high tendency to fail and add significant downtime
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`Halliburton
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`to the completion operation.
` There is another tool, the Wizard Packer from Dresser, that allows isolation of
`a horizontal well into preset lengths to facilitate stimulation of the formation, but it
`requires sending darts into the sections to open sliding sleeves which allow the treating
`fluid to enter into the isolated section.”
`
`The above-quoted passage, as well as other passages, expressly and inherently
`discloses the claim limitation. These passages teach a multi-stage open hole and cased
`hole completion system (e.g., for fracing), where the stages include packers, such as the
`Wizard packer, and actuateable sliding sleeves with ports on a tubing string. The sleeve
`ports can be opened, for example, with darts. The isolated sections are made possible
`by the packers, which seal in both open hole and cased hole. The express reference to
`the Wizard Packer—described in detail below—means that this reference discloses all
`of the features and functionality of that packer design, which were well known in the
`art. In other words, it incorporates those well-known features and functionality.
`
`Additionally, prior art that one skilled in the art could combine with the Halliburton
`reference in open hole to achieve predictable results—such as isolation in an open,
`uncased wellbore—includes the RockSeal and RockSeal II Packers, as well as the
`Rockseal System, sold by Packers Plus.
`
`The RockSeal Packer was offered for sale at least “as early as April 2000” (see July 23,
`2008 Declaration of Daniel J Themig (“Themig Declaration”) at 6), and is thus prior art
`to the 774 patent. According to the Themig Declaration, the RockSeal Packer
`contained the “principal elements” of:
`
`
`a hydraulic open hole packer that, in summary, is defined as including:
`an inner mandrel;
`a first compressible packing element disposed around the inner
`mandrel;
`a second compressible packing element disposed around the
`inner mandrel and spaced from the first compressible packing element;
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`Halliburton
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`a hydraulic actuation mechanism disposed between the first and
`second packing elements, wherein said hydraulic actuation mechanism
`sets the packer by longitudinally compressing the first and second
`packing elements.
`
`
`Themig Declaration at 2 and 6.
`
`The RockSeal II Packer is prior art to the 774 patent. According to the “5.1
`RockSeal™ II Open Hole Packer Series” advertisement from Packers Plus’ website
`available at Dkt. 59-2 (“Website”), the RockSeal II Packer included the features of the
`claimed packers.
`
`“The packer is a double element, solid body packer with Rock-Solid sealing and
`holding power. It combines the sealing strength of a mechanical element along with the
`setting force of a dual-piston setting cylinder and mechanical body-lock system. The
`RockSeal II packer has a specially designed multi-piece elastomer with the largest
`possible cross section to provide excellent expansion ratios to set in oversized holes.
`The packing element also contains a special backup system that provides a solid pack-
`off, even with borehole ovality.”
`
`Website at 1.
`
`Other well-known art that one skilled in the art could combine with the Halliburton
`reference in open hole to achieve predictable results—such as isolation in an open,
`uncased wellbore—includes the Wizard Packer and Wizard System by Guiberson /
`Halliburton. See generally Halliburton Completions Products guide from July 1999
`(“Wizard Brochure”) at 2-25.
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`774 Patent
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`Halliburton
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`Multiple elements extrude to seal between the
`apparatus and the wellbore in open hole
`
`
`
`
`Wizard Brochure at 2-25.
`
`“Halliburton’s Guiberson Wizard Packer provides highly efficient, zonal isolation in
`openhole applications, making it a cost effective alternative to inflatables. This
`innovative approach has demonstrated zonal isolation capabilities in horizontal wells
`that can lead to improved reservoir management and increased wellbore life.”
`
`Wizard Brochure at 2-25.
`
`“The Wizard isolation system is designed for running and setting in open or cased hole.
`Production control of water or gas can be achieved in either horizontal or vertical
`wellbores. Any number of sections of the wellbore can be isolated by running and
`setting tandem systems.”
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`Halliburton
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`Wizard Brochure at 2-25.
`
`“The Wizard isolation system contains elastomers with high expansion ratios to
`conform to openhole irregularities. The durable design features a small OD to allow
`running and placement. A positive internal lock is also included for a reliable, long-
`term pack-off. The system is hydraulically set and may be used in tandem with other
`completions tools as required.”
`
`Wizard Brochure at 2-25.
`
`“Applications
`• zonal isolation in cased or open hole
`• has or water shut off
`• stimulation
`• production testing
`•
`formation fracture isolation
`• selective production
`•
`individual interval stimulation and cleanup…”
`
`
`Wizard Brochure at 2-25.
`
`
`
`Tech Manual at 9.
`
`Other art that one skilled in the art could combine with the Halliburton reference in
`open hole to achieve predictable results—such as isolation in an open, uncased
`wellbore—includes the Polar Bearfoot Packer. See generally Bearfoot Packer 652-
`
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`774 Patent
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`Halliburton
`0000 Datasheet (“Polar Datasheet”); Polar Completions Engineering Inc. Technical
`Manual, July 5, 2001, Rev. 1 (“Polar Tech Manual, Rev. 1”); Polar Completions
`Engineering Inc. Technical Manual, July 5, 2001, Rev. 2 (“Polar Tech Manual, Rev.
`2”); Article entitled “Polar is the Completions Company,” pp. 18-22 (“Polar Article”).
`
`“The Polar Bearfoot Packer is a dual element, solid body packer specifically designed
`for use in well consolidated open hole formations. The applications for the Bearfoot
`Packer may include water shut-off, production control, formation fracture isolation, and
`build section isolation in both vertical or horizontal open hole completions. Since no
`mandrel movement occurs during setting, the Bearfoot Packer may be used in either
`single or multiple packer installation.”
`
`Polar Datasheet at 1.
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`“The Bearfoot Packer has a dual-multi-durometer system which offers excellent
`expansion ratios for setting in oversized and oval boreholes. The hydraulic setting
`trigger and releasing system is fully adjustable by selecting the quantity of shear screws
`for the desired setting pressure and releasing force. During the deployment of the
`system, the packer is locked to prevent premature setting.”
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`Polar Datasheet at 1.
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`
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`Polar Datasheet at 1.
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`774 Patent
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`Halliburton
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`Polar Tech Manual, Rev. 2 at 4.
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`“Since no mandrel movement occurs during setting, the Bearfoot may be used in either
`single packer installations, or as the lower packer in multiple zone dual completions.”
`
`Polar Tech Manual, Rev. 2 at 1.
`
`“Note: It is recommended to run a profile nipple above the packer to facilitate well
`control after unsetting the packer. ALSO, THIS PACKER DOES NOT HAVE ANY
`SLIPS.”
`
`Polar Tech Manual, Rev. 2 at 1.
`
`The Halliburton reference, alone or in combination with other analogous art, describes
`the tubing string having a long axis and an inner bore.
`
`Under Plaintiff’s apparent interpretation of the asserted claims, as shown in the
`infringement contentions, this element is literally present in the Halliburton reference.
`
`The long axis is the center of the identified tubing string or “completion.”
`
`Completion Installation – General – “The completion was run in one trip to the safety
`valve, and the packers were set simultaneously since the packers had the same setting
`pressure.”
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`Halliburton
`Halliburton at 325. See also Halliburton II at 153; Halliburton III at 99.
`
`
`Tubing string
`
`Inner bore
`
`Halliburton at Fig. 3.
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`Halliburton
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`Tubing string
`
`
`See also Halliburton II at Fig. 3; Halliburton III at Fig. 3.
`
`Additionally, the Ellsworth reference describes using the Wizard II solid body packer
`for a zonal isolation system for production and stimulation in horizontal, open hole
`wells that is very similar to the system of Halliburton, which it would have been
`obvious to combine with Hallibu