IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`Civil Action No. 6:15-cv-724-RWS-KNM
`
`JURY TRIAL DEMANDED
`
`§§§§§§§§§§
`
`RAPID COMPLETIONS LLC,
`
`Plaintiff,
`
`v.
`
`BAKER HUGHES INCORPORATED, et
`al.
`
`Defendants.
`
`NOTICE OF SUBPOENA TO HALLIBURTON ENERGY SERVICES INC.
`
`In accordance with Federal Rule of Civil Procedure 45, Defendants Baker Hughes
`
`Incorporated, Baker Hughes Oilfield Operations, Inc., and Peak Completion Technologies, Inc.
`
`are serving the attached subpoena for the production of documents on Halliburton Energy
`
`Services Inc. (“Halliburton”). Halliburton is to complete the production of documents by
`
`Monday, May 11, 2015, at the offices of McKool Smith, P.C., 600 Travis Street, Suite 7000,
`
`Houston, TX 77002, or at some other time and place the parties agree upon.
`
`1 of 18
`
`Exhibit 2041
`IPR2016-01517
`
`

`
`Dated: March 11, 2016.
`
`/s/ Eric C. Green
`Steven J. Pollinger
`Texas State Bar No. 24011919
`spollinger@mckoolsmith.com
`Eric C. Green
`Texas State Bar No. 24069824
`egreen@mckoolsmith.com
`Todd M. Bellaire
`Texas State Bar No. 24069360
`tbellaire@mckoolsmith.com
`Leah B. Buratti
`Texas State Bar No. 24064897
`lburatti@McKoolSmith.com
`MCKOOL SMITH, P.C.
`300 W. 6th Street, Suite 1700
`Austin, Texas 78701
`Telephone: (512) 692-8700
`Facsimile: (512) 692-8744
`
`Sam Baxter
`Texas State Bar No. 01938000
`sbaxter@mckoolsmith.com
`MCKOOL SMITH, P.C.
`104 E. Houston Street, Suite 300
`P.O. Box O
`Marshall, Texas 75670
`Telephone: (903) 923-9000
`Facsimile: (903) 923-9099
`
`William L. LaFuze
`Texas State Bar No. 11792500
`wlafuze@mckoolsmith.com
`MCKOOL SMITH, P.C.
`600 Travis Street, Suite 7000
`Houston, Texas 77002
`Telephone: (713) 485-7300
`Facsimile: (713) 485-7344
`
`ATTORNEYS FOR DEFENDANTS BAKER
`HUGHES INCORPORATED AND BAKER
`HUGHES OILFIELD OPERATIONS, INC.
`
`/s/ Robert M. Bowick
`John Wesley Raley
`Texas State Bar No. 16488400
`Email: jraley@raleybowick.com
`Robert M. Bowick
`Texas State Bar No. 24029932
`Email: rbowick@raleybowick.com
`Bradford T. Laney
`Texas State Bar No. 24070102
`Email: blaney@raleybowick.com
`Raley & Bowick, LLP
`1800 Augusta Dr., Suite 300
`Houston, Texas 77057
`Telephone: (713) 429-8050
`Facsimile: (713) 429-8045
`
`Timothy W. Johnson (lead attorney)
`Texas State Bar No. 24002366
`Email: tim.johnson@peakcompletions.com
`Peak Completion Technologies, Inc.
`700 Louisiana St., Suite 4900
`Houston, Texas 77002
`Tel: (713) 223-5751
`Fax: (832) 383-3723
`
`ANDY TINDEL
`State Bar No. 20054500
`MT2 Law Group
`Mann | Tindel | Thompson
`112 East Line Street, Suite 304
`Tyler, Texas 75702
`Telephone: (903) 596-0900
`Facsimile: (903) 596-0909
`Email: atindel@andytindel.com
`
`ATTORNEYS FOR DEFENDANT
`PEAK COMPLETION TECHNOLOGIES,
`INC.
`
`2 of 18
`
`Exhibit 2041
`IPR2016-01517
`
`

`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the above and foregoing document has
`
`been served on all counsel of record via email on March 11, 2016.
`
`/s/ Eric C. Green
`Eric C. Green
`
`3 of 18
`
`Exhibit 2041
`IPR2016-01517
`
`

`
`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
` Eastern District of Texas
`__________ District of __________
`
`Civil Action No.
`
`6:15-cv-724-RWS-KNM
`
`))))))
`
`Rapid Completions LLC
`Plaintiff
`v.
`Baker Hughes Incorporated, et al.
`
`Defendant
`
`SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
`OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
`
`To:
`
`Halliburton Energy Services Incorporated, 3000 N. Sam Houston Pkwy E., Houston, TX 77032
`
`(Name of person to whom this subpoena is directed)
`✔
`(cid:117) Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
`documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the
`material:
`
`See Exhibit A
`
`Place:
`
`McKool Smith, P.C.
`600 Travis Street, Suite 7000
`Houston, TX 77002
`
`Date and Time:
`
`04/11/2016 9:00 am
`
`(cid:117) Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or
`other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
`may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
`
`Place:
`
`Date and Time:
`
`The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;
`Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
`respond to this subpoena and the potential consequences of not doing so.
`03/11/2016
`
`Date:
`
`CLERK OF COURT
`
`Signature of Clerk or Deputy Clerk
`
`OR
`
`/s/ Eric Green
`Attorney’s signature
`
`Baker Hughes
`The name, address, e-mail address, and telephone number of the attorney representing (name of party)
`, who issues or requests this subpoena, are:
`and Peak Completions
`Eric Green, 300 West 6th St., Ste. 1700, Austin, TX 78701, egreen@mckoolsmith.com, 512-692-8700 and Bobby Bowick, 1800
`Augusta Dr., Ste. 300, Houston, TX 77057, rbowick@raleybowick.com, 713-429-8050
`Notice to the person who issues or requests this subpoena
`If this subpoena commands the production of documents, electronically stored information, or tangible things or the
`inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before
`it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).
`
`4 of 18
`
`Exhibit 2041
`IPR2016-01517
`
`

`
`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)
`
`Civil Action No.
`
`6:15-cv-724-RWS-KNM
`
`PROOF OF SERVICE
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
`
`on (date)
`
`I received this subpoena for (name of individual and title, if any)
`.
`
`NOTE:
`Formal Service has been WAIVED.
`
`(cid:117) I served the subpoena by delivering a copy to the named person as follows:
`
`(cid:117) I returned the subpoena unexecuted because:
`
`on (date)
`
`; or
`
`Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
`tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
`$
`.
`
`My fees are $
`
`for travel and $
`
`for services, for a total of $
`
`0.00
`
`.
`
`.
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`Additional information regarding attempted service, etc.:
`
`Server’s signature
`
`Printed name and title
`
`Server’s address
`
`5 of 18
`
`Exhibit 2041
`IPR2016-01517
`
`

`
`AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)
`
`(c) Place of Compliance.
`
`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
`(ii) disclosing an unretained expert’s opinion or information that does
`not describe specific occurrences in dispute and results from the expert’s
`study that was not requested by a party.
`(C) Specifying Conditions as an Alternative. In the circumstances
`described in Rule 45(d)(3)(B), the court may, instead of quashing or
`modifying a subpoena, order appearance or production under specified
`conditions if the serving party:
`(i) shows a substantial need for the testimony or material that cannot be
`otherwise met without undue hardship; and
`(ii) ensures that the subpoenaed person will be reasonably compensated.
`
` (1) For a Trial, Hearing, or Deposition. A subpoena may command a
`person to attend a trial, hearing, or deposition only as follows:
` (A) within 100 miles of where the person resides, is employed, or
`regularly transacts business in person; or
` (B) within the state where the person resides, is employed, or regularly
`transacts business in person, if the person
` (i) is a party or a party’s officer; or
` (ii) is commanded to attend a trial and would not incur substantial
`expense.
`
` (2) For Other Discovery. A subpoena may command:
` (A) production of documents, electronically stored information, or
`tangible things at a place within 100 miles of where the person resides, is
`employed, or regularly transacts business in person; and
` (B) inspection of premises at the premises to be inspected.
`
`(d) Protecting a Person Subject to a Subpoena; Enforcement.
`
` (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney
`responsible for issuing and serving a subpoena must take reasonable steps
`to avoid imposing undue burden or expense on a person subject to the
`subpoena. The court for the district where compliance is required must
`enforce this duty and impose an appropriate sanction—which may include
`lost earnings and reasonable attorney’s fees—on a party or attorney who
`fails to comply.
`
` (2) Command to Produce Materials or Permit Inspection.
`(A) Appearance Not Required. A person commanded to produce
`documents, electronically stored information, or tangible things, or to
`permit the inspection of premises, need not appear in person at the place of
`production or inspection unless also commanded to appear for a deposition,
`hearing, or trial.
`(B) Objections. A person commanded to produce documents or tangible
`things or to permit inspection may serve on the party or attorney designated
`in the subpoena a written objection to inspecting, copying, testing, or
`sampling any or all of the materials or to inspecting the premises—or to
`producing electronically stored information in the form or forms requested.
`The objection must be served before the earlier of the time specified for
`compliance or 14 days after the subpoena is served. If an objection is made,
`the following rules apply:
`(i) At any time, on notice to the commanded person, the serving party
`may move the court for the district where compliance is required for an
`order compelling production or inspection.
` (ii) These acts may be required only as directed in the order, and the
`order must protect a person who is neither a party nor a party’s officer from
`significant expense resulting from compliance.
`
` (3) Quashing or Modifying a Subpoena.
`(A) When Required. On timely motion, the court for the district where
`compliance is required must quash or modify a subpoena that:
` (i) fails to allow a reasonable time to comply;
`(ii) requires a person to comply beyond the geographical limits
`specified in Rule 45(c);
`(iii) requires disclosure of privileged or other protected matter, if no
`exception or waiver applies; or
`(iv) subjects a person to undue burden.
`(B) When Permitted. To protect a person subject to or affected by a
`subpoena, the court for the district where compliance is required may, on
`motion, quash or modify the subpoena if it requires:
`(i) disclosing a trade secret or other confidential research,
`development, or commercial information; or
`
`(e) Duties in Responding to a Subpoena.
`
` (1) Producing Documents or Electronically Stored Information. These
`procedures apply to producing documents or electronically stored
`information:
`(A) Documents. A person responding to a subpoena to produce documents
`must produce them as they are kept in the ordinary course of business or
`must organize and label them to correspond to the categories in the demand.
`(B) Form for Producing Electronically Stored Information Not Specified.
`If a subpoena does not specify a form for producing electronically stored
`information, the person responding must produce it in a form or forms in
`which it is ordinarily maintained or in a reasonably usable form or forms.
`(C) Electronically Stored Information Produced in Only One Form. The
`person responding need not produce the same electronically stored
`information in more than one form.
`(D) Inaccessible Electronically Stored Information. The person
`responding need not provide discovery of electronically stored information
`from sources that the person identifies as not reasonably accessible because
`of undue burden or cost. On motion to compel discovery or for a protective
`order, the person responding must show that the information is not
`reasonably accessible because of undue burden or cost. If that showing is
`made, the court may nonetheless order discovery from such sources if the
`requesting party shows good cause, considering the limitations of Rule
`26(b)(2)(C). The court may specify conditions for the discovery.
`
`(2) Claiming Privilege or Protection.
`(A) Information Withheld. A person withholding subpoenaed information
`under a claim that it is privileged or subject to protection as trial-preparation
`material must:
`(i) expressly make the claim; and
`(ii) describe the nature of the withheld documents, communications, or
`tangible things in a manner that, without revealing information itself
`privileged or protected, will enable the parties to assess the claim.
`(B) Information Produced. If information produced in response to a
`subpoena is subject to a claim of privilege or of protection as
`trial-preparation material, the person making the claim may notify any party
`that received the information of the claim and the basis for it. After being
`notified, a party must promptly return, sequester, or destroy the specified
`information and any copies it has; must not use or disclose the information
`until the claim is resolved; must take reasonable steps to retrieve the
`information if the party disclosed it before being notified; and may promptly
`present the information under seal to the court for the district where
`compliance is required for a determination of the claim. The person who
`produced the information must preserve the information until the claim is
`resolved.
`
`(g) Contempt.
`The court for the district where compliance is required—and also, after a
`motion is transferred, the issuing court—may hold in contempt a person
`who, having been served, fails without adequate excuse to obey the
`subpoena or an order related to it.
`
`For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
`
`6 of 18
`
`Exhibit 2041
`IPR2016-01517
`
`

`
`EXHIBIT A
`
`INSTRUCTIONS
`
`1.
`
`Each document request in Exhibit A shall be answered pursuant to and in the manner
`
`prescribed by Rules 26, 34, and 45 of the Federal Rules of Civil Procedure.
`
`2.
`
`All documents that respond, in whole or in part, to any portion of the requests below are
`
`to be produced in their entirety (without redactions, except for information claimed to be
`
`privileged or work product), including all attachments and enclosures.
`
`3.
`
`For any document responsive to a request herein that exists in electronic form, You shall
`
`produce such documents in electronic form, including originals and all copies of electronic mail
`
`(“e-mail”); activity listings of electronic mail receipts and/or transmittals; voice-mail; audio or
`
`video recordings of any kind; computer programs (whether private, commercial, or a work-in-
`
`progress); programming notes or instructions; output resulting from the use of any software
`
`program, including word processing documents, spreadsheets, database files, charts, graphs, and
`
`outlines; operating systems; image files including JPG or JPEG, TIFF, PICT, and BMP; PDF
`
`files, batch files in any format, including ASCII, XML or CSV format; and all miscellaneous
`
`electronic files and/or file fragments, regardless of the media on which they are stored and
`
`regardless of whether the data resides in an active file, deleted file, or file fragments.
`
`4.
`
`All documents electronically produced shall be provided in a file format that can be read
`
`by a computer configured to process ADOBE ACROBAT®, Microsoft Word®, or Microsoft
`
`Excel® formatted files, when possible. Should a document not be capable of being produced in
`
`one of the aforementioned file formats (or in a standard image format), You shall identify the
`
`software application, including the version number and trade-name, which can be utilized to
`
`1
`
`7 of 18
`
`Exhibit 2041
`IPR2016-01517
`
`

`
`open such document(s). If any document produced in electronic form has already been printed by
`
`You in the ordinary course of business, a hard copy of such print-out shall also be produced.
`
`5.
`
`If you claim that any information, document, or thing or part thereof requested herein is
`
`privileged or immune from discovery, produce that part falling within the scope of that which is
`
`not privileged or immune from discovery, and separately identify in a privileged document list
`
`all such information, documents, things, or parts thereof withheld from production and include at
`
`least the following:
`
`a.
`
`b.
`
`the date that the information, document, or thing was created;
`
`the sender(s) by position and entity with which they are employed or
`
`associated;
`
`c.
`
`the recipient(s), including copy recipient(s), by position and entity with
`
`which they are employed or associated;
`
`d.
`
`if the sender or recipient is an attorney or a foreign patent agent, he or she
`
`should be so identified. In the case of a foreign patent agent, there should be
`
`a statement of whether the laws of the agent’s country grant privileged status
`
`e.
`
`f.
`
`to a patent agent’s communication;
`
`the general subject matter of the documents;
`
`the portion(s) of the document as to which privilege is claimed (e.g., one
`
`sentence, one paragraph, entire document, etc.); and
`
`g.
`
`the type of privilege claimed, together with certification that all elements of
`
`the claimed privilege have been met and not waived with respect to each
`
`document.
`
`2
`
`8 of 18
`
`Exhibit 2041
`IPR2016-01517
`
`

`
`6.
`
`You are not requested to provide privileged information or information for which you
`
`claim privilege, but only to identify such information, document, or thing in a privilege log.
`
`7.
`
`Copies of documents that are not identical duplicates of the original documents because
`
`of markings, handwritten notations, or other differences should be considered separate
`
`documents. English translations or partial translations of foreign language documents should be
`
`considered separate documents.
`
`8.
`
`Pursuant to Fed. R. Civ. P. 45(e)(1), documents must be produced as they are kept in the
`
`usual course of business.
`
`9.
`
`If any of the categories of documents and things cannot be produced in full after
`
`exercising reasonable diligence to secure the documents and things requested, please so state,
`
`supply any documents and things that can be produced, and set forth the reasons why the
`
`responsive documents and things could not be secured and produced. If any responsive
`
`documents or things have been destroyed, identify these documents or things and describe in
`
`detail all facts relating to this destruction, including the date of destruction and the identity of
`
`any persons involved.
`
`10.
`
`In order to bring within the scope of this document request any and all conceivably
`
`relevant facts which might otherwise be construed to be outside the scope:
`
`a. The singular of each word shall be construed to include its plural and vice
`
`versa;
`
`b. “And” as well as “or” shall be construed both conjunctively and
`
`disjunctively;
`
`c. “Each” shall be construed to include “every” and vice versa;
`
`d. “Any” shall be construed to include “all” and vice versa;
`
`3
`
`9 of 18
`
`Exhibit 2041
`IPR2016-01517
`
`

`
`e. The present tense shall be construed to include the past tense and vice versa;
`
`f. The masculine shall be construed to include the feminine and vice versa; and
`
`g. “Including” and “Include” shall not be construed to limit any instruction,
`
`definition, or document request in this Exhibit A and these words shall be
`
`interpreted to express including but not limited to.
`
`DEFINITIONS
`
`1.
`
`“Acacia” means Acacia Research Corporation, as well as all of its parent and subsidiary
`
`corporations (including but not limited to Rapid Completions, LLC), divisions, affiliates, related
`
`entities, present and former principals, officers, directors, employees, independent contractors,
`
`accountants, agents, representatives, attorneys, insurers, consultants, and any other persons
`
`acting or purporting to act on behalf of the foregoing entities.
`
`2.
`
`“Baker Hughes” means Baker Hughes Incorporated, as well as all of its parent and
`
`subsidiary corporations, divisions, affiliates, related entities, present and former principals,
`
`officers, directors, employees, independent contractors, accountants, agents, representatives,
`
`attorneys, insurers, consultants, and any other persons acting or purporting to act on behalf of the
`
`foregoing entities.
`
`3.
`
`“Baker Hughes’ Products” means Ball-Drop Products sold by Baker Hughes, including
`
`FracPoint, FracPoint EX, FracPoint EX-C, FracPoint Cemented MP Sleeves, FracPoint MP
`
`Sleeves, FracPoint MP Sleeves with DirectConnect Ports, EXPress frac sleeves, EX frac sleeves,
`
`DirectStim sleeves, REPacker, IN-Tallic Frac Balls, FracSur EX, FracPoint EX-C, and
`
`DirectStim.
`
`4.
`
`“Ball-Drop Products” means products used during stimulation or fracturing of a
`
`Wellbore that includes ball actuated sliding sleeves.
`
`4
`
`10 of 18
`
`Exhibit 2041
`IPR2016-01517
`
`

`
`5.
`
`“Communication” and “Communications” mean any contact, whether in person, in
`
`writing, oral, formal, informal, by telephone or any method whereby knowledge, facts, or
`
`information is imparted or transmitted from one person or entity to another or to a file.
`
`6.
`
`“Comparable Thomson MSAF Wells” means all Wellbores where a similar
`
`device/assembly to the down-hole, multi-stage acid fracturing assembly disclosed in the
`
`Thomson Disclosure was employed. This phrase includes any assembly that allowed for zonal
`
`isolation using hydraulically set packers and ball actuated sliding sleeves. Ball actuated sliding
`
`sleeves include the MSAF tool described in the Thomson Disclosure or any other sliding sleeve
`
`that can be run into a Wellbore and actuated between closed and open positions by a ball to allow
`
`fluid communication with the Wellbore or annulus.
`
`7.
`
`“Dart-Drop Products” means products used during stimulation or fracturing of a
`
`Wellbore that includes dart actuated sliding sleeves.
`
`8.
`
`“Document” and “Documents” shall be construed in their broadest sense as set forth in
`
`the Federal Rules of Civil Procedure. These words mean all written, printed, typed, recorded, or
`
`graphic matter of every kind and description, both originals and copies, and all attachments and
`
`appendices, within your possession, custody, or control.
`
`9.
`
`“Echols Patent” means U.S. Patent No. 5,375,662 and any related patents and patent
`
`applications.
`
`10.
`
`“Halliburton” and “You” or “Your” mean Halliburton Energy Services Incorporated, as
`
`well as all of its parent and subsidiary corporations, divisions, affiliates, related entities, present
`
`and former principals, officers, directors, employees, independent contractors, accountants,
`
`agents, representatives, attorneys, insurers, consultants, and any other persons acting or
`
`purporting to act on behalf of the foregoing entities.
`
`5
`
`11 of 18
`
`Exhibit 2041
`IPR2016-01517
`
`

`
`11.
`
`“Halliburton Pumped Wellbore” means a Wellbore where Halliburton performed
`
`Multi-Zone Pumping.
`
`12.
`
`“Mark” or “Marking” means notice to the public that one of Your products is patented
`
`(or includes patented technology) whether by You or another, including by fixing thereon the
`
`number of the patent, or by fixing thereon an address of a posting on the Internet that associates
`
`the patented article with the number of the patent, or by fixing to it, or to the package wherein
`
`one or more of them is contained, a label containing a like notice.
`
`13.
`
`“Multi-Zone Pumping” means all pumping, stimulating, or fracturing services
`
`performed by applying hydraulic pressure from the surface down a Wellbore where the Wellbore
`
`is divided into two or more segments/zones that are separated by fluid tight seals (e.g., packers)
`
`to prevent fluid from transferring from one segment/zone to another.
`
`14.
`
`“Packers Plus” means Packers Plus Energy Services Incorporated, as well as all of its
`
`parent and subsidiary corporations, divisions, affiliates, related entities, present and former
`
`principals, officers, directors, employees,
`
`independent contractors, accountants, agents,
`
`representatives, attorneys, insurers, consultants, and any other persons acting or purporting to act
`
`on behalf of the foregoing entities.
`
`15.
`
`“Packers Plus Federal Litigation” means the litigation between Halliburton and
`
`Packers Plus in the United States District Court for the District of Delaware with the Case
`
`Number 1-08-CV-00594.
`
`16.
`
`“Packers Plus State Litigation” means the litigation between Halliburton and Packers
`
`Plus in the Texas District Court of Midland County, 238th Judicial District with the Case Number
`
`CV-44964.
`
`6
`
`12 of 18
`
`Exhibit 2041
`IPR2016-01517
`
`

`
`17.
`
`“Patents-in-Suit” means US 6,907,936; US 7,134,505; US 7,543,634; US 7,861,774; US
`
`8,657,009; and US 9,074,451.
`
`18.
`
`“Peak Completions” means Peak Completion Technologies, Inc., as well as all of its
`
`subsidiary corporations, divisions, affiliates, related entities, present and former principals,
`
`officers, directors, employees, independent contractors, accountants, agents, representatives,
`
`attorneys, insurers, consultants, and any other persons acting or purporting to act on behalf of the
`
`foregoing entities.
`
`19.
`
`“Peak Completions’ Products” refers to Ball-Drop Products sold by Peak Completions
`
`as well as any of the following Peak Completions products: 1) Peak Completions’ packers
`
`including the Predator, IsoPak, ComPak, SwellShark, Perma-Pak, Strata-Pak or MonoPak
`
`packers; 2) Peak Completions’ sleeves including IsoPort, StrataPort, EZ-Port, SuperPort, or
`
`Impact; 3) Peak Completions’ hydraulically activated sleeves such as the HydroPort, Trigger Toe
`
`Sub, or Impulse sleeves; 3) Peak Completions’ balls such as the X-Series, X-Lite, X-Carbon,
`
`Fantom, F1 Fantom, F2 Fantom, F3 Fantom; and/or 4) Peak Completions’ liner hangers such as
`
`Guardian or Sentinel.
`
`20.
`
`“Rapid Completions” means Rapid Completions Limited Liability Corporation, as well
`
`as all of its parent and subsidiary corporations, divisions, affiliates, related entities, present and
`
`former principals, officers, directors, employees, independent contractors, accountants, agents,
`
`representatives, attorneys, insurers, consultants, and any other persons acting or purporting to act
`
`on behalf of the foregoing entities.
`
`21.
`
`22.
`
`“This Litigation” means case number 6:15-cv-724-RWS-KNM.
`
`“Thomson Disclosure” means these three closely related papers: “Design and
`
`Installation of a Cost Effective Completion System For Horizontal Chalk Wells Where Multiple
`
`7
`
`13 of 18
`
`Exhibit 2041
`IPR2016-01517
`
`

`
`Zones Require Acid Stimulation,” D.W. Thomson and M.F. Nazroo, Offshore Technology
`
`Conference, May 5-8, 1997, pages 323-335, OTC 8472 (Ex. 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 (Ex. 2); and “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 (Ex. 3).
`
`23.
`
`“Unique Well Identification Number” means any unique identifier assigned to a
`
`Wellbore. This term includes the API number, UWI number, U.S. Well number, or any other
`
`identifier that may be used to specifically identify a Wellbore.
`
`24.
`
`“Wellbore” or “Well” mean a man-made hole in the earth’s crust that is created for the
`
`purpose of exploration or extraction of natural resources. These terms shall be broadly construed
`
`to include cased holes, uncased holes, vertical holes, horizontal holes, and inclined holes.
`
`25.
`
`“Wizard Packers” means the Hydraulic-Set Guiberson Wizard® I Packer and/or
`
`Hydraulic-Set Guiberson Wizard® II Packer.
`
`8
`
`14 of 18
`
`Exhibit 2041
`IPR2016-01517
`
`

`
`SCHEDULE A: DOCUMENT REQUESTS
`
`1. Documents that describe or depict the development, use, structure, or operation of the
`Wizard Packers prior to November 19, 2001, including:
`a. product descriptions, brochures, advertisements, trade articles, press releases,
`technology descriptions, drawings, manuals, memoranda, papers, e-mails, letters,
`prototypes, demonstration materials, investment proposals, executive summaries,
`and business plans of any kind; and
`inventor’s notes, drafter’s notes, engineer’s notes, and laboratory notebooks.
`b.
`2. Documents that describe or depict the devices (e.g. MSAF tool and/or packers) disclosed
`in the Thomson Disclosure prior to November 19, 2001, including:
`a. product descriptions, brochures, advertisements, trade articles, press releases,
`technology descriptions, drawings, manuals, memoranda, papers, e-mails, letters,
`prototypes, demonstration materials, investment proposals, executive summaries,
`and business plans of any kind; and
`inventor’s notes, drafter’s notes, engineer’s notes, and laboratory notebooks.
`b.
`3. Documents that describe or depict Comparable Thomson MSAF Wells, including
`Documents describing or depicting Comparable Thomson MSAF Wells installed or
`fraced in the United States, before November 19, 2001.
`4. Documents identifying the names and professional contact information, including phone
`number, email, and address, for the persons most knowledgeable of Comparable
`Thomson MSAF Wells completed before November 19, 2001.
`5. Documents that describe or depict the use of Ball-Drop Products during Multi-Zone
`Pumping published prior to November 19, 2001.
`6. Communications regarding the use of Ball-Drop Products during Multi-Zone Pumping in
`use prior to November 19, 2001.
`7. Documents that describe or depict the use of Dart-Drop Products during Multi-Zone
`Pumping published prior to November 19, 2001.
`8. Communications regarding the use of Dart-Drop Products during Multi-Zone Pumping in
`use prior to November 19, 2001.
`9. Documents that describe or depict the structure, operation, and use of the Otis AHP
`Packer, Halliburton AHP Packer, or any other packer used in conjunction with the MSAF
`tool described in the Thomson Disclosure, prior to November 19, 2001.
`10. Documents identifying each Halliburton Pumped Wellbore that employed Baker Hughes’
`Products down-hole since July 31, 2009, including the Wellbore’s Unique Well
`Identification Number, the Wellbore’s location, the operator and/or contractor of the
`Wellbore, and the lessor and/or landowner of the Wellbore.
`
`9
`
`15 of 18
`
`Exhibit 2041
`IPR2016-01517
`
`

`
`11. For each Halliburton Pumped Wellbore that employed Baker Hughes’ Products down-
`hole since July 31, 2009, provide Documents that explain what Multi-Zone Pumping
`steps You performed, including whether You:
`a.
`ran Baker Hughes’ Products into the Wellbore,
`b. pumped at least a first ball or plug down the Wellbore,
`c.
`set at least a first packer,
`d. opened at least a first sliding sleeve using hydraulic pressure and the first ball or
`plug,
`e. pumped at least a second ball or plug into the Wellbore,
`f.
`set at least a second packer,
`g. opened at least a second sliding sleeve using hydraulic pressure and the second
`ball or plug,
`h. opened at least a second sliding sleeve using hydraulic pressure and the first ball
`or plug,
`i. pumped fluid through the opened second sliding sleeve, or
`j. pumped fracturing fluid through the opened second sliding sleeve.
`12. Documents identifying each Halliburton Pumped Wellbore that employed Peak
`Completions’ Products down-hole since July 31, 2009, including the Wellbore’s Unique
`Well Identification Number, the Wellbore’s location, the operator and/or contractor of the
`Wellbore, and the lessor and/or landowner of the Wellbore.
`13. For each Halliburton Pumped Wellbore that employed Peak Completions’ Products
`down-hole since July 31, 2009, provide Documents that explain what Multi-Zone
`Pumping steps You performed, including whether You:
`a.
`ran Peak Completions’ Products into the Wellbore,
`b. pumped at least a first ball or plug down the Wellbore,
`c.
`set at least a first packer,
`d. opened at least a first sliding sleeve using hydraulic pressure and the first ball or
`plug,
`e. pumped at least a second ball or plug into the Wellbore,
`f.
`set at least a second packer,
`g. opened at least a second sliding sleeve using hydraulic pressure and the second
`ball or plug,
`h. opened at least a second sliding sleeve using hydraulic pressure and the first ball
`or plug,
`i. pumped fluid through the opened second sliding sleeve, or
`j. pumped fracturing fluid through the opened second sliding sleeve.
`
`10
`
`16 of 18
`
`E