Case 6:21-cv-00544-ADA Document 15-4 Filed 07/26/21 Page 2 of 38
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`C&M OILFIELD RENTALS, LLC
`D/B/A C-MOR ENERGY SERVICES,
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`Plaintiff,
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`vs.
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`APOLLO LIGHTING SOLUTIONS INC.
`and CLEANTEK INDUSTRIES, INC.
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`Defendants.
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`Civil Action No. 6:21-cv-544
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`JURY TRIAL DEMANDED
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`DECLARATION OF GREGG S. PERKIN, PE REGARDING INFRINGEMENT OF US
`PATENT NO. 10,976,016 B2
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`I, Gregg S. Perkin, PE declare, and state as follows:
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`1.
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`My name is Gregg Steven Perkin. I am of legal age and competent to testify as to
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`the matters set forth below.
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`I.
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`INTRODUCTION
`A.
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`Engagement
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`2.
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`Counsel for C&M Oilfield Rentals, LLC (“Plaintiff”) has requested that I serve as
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`a Professional Engineering Expert in the discipline of Mechanical Engineering regarding the
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`above-referenced proceeding. More specifically, I have been asked to render an expert opinion as
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`to whether Defendants Apollo Lighting Solutions Inc. and CleanTek Industries, Inc.’s
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`(“Defendants”) HALO product infringes independent claim 23 of U.S. Patent No. 10,976,016
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`(“the ’016 Patent”). This Declaration contains my opinions on that matter.
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`Petitioner Ensign
`Exhibit 1054 - Page 1 of 4
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`Case 6:21-cv-00544-ADA Document 15-4 Filed 07/26/21 Page 9 of 38
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`33.
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`Conversely, if any element of the claim is not found within the accused device, the
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`accused device would not literally infringe. I understand that even if literal infringement is not
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`found, direct infringement may still be found based on a principle known as the “Doctrine of
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`Equivalents.” Counsel for C&M has only asked me to provide my opinion regarding direct, literal
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`infringement for purposes of this Declaration.
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`C.
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`Person of Ordinary Skill in the Art (“POSITA”)
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`34.
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`In my opinion a Person of Ordinary Skill in the Art as to the ’016 Patent would
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`have at least a bachelor’s degree in Mechanical and/or Electrical Engineering with at least one
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`(1) year of experience working on Rotary Drilling Rigs1 such as a Rotary Rig2 (“Rig”), i.e., either
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`a Drilling Rig3 or a Well Servicing Rig (“Workover Rig” 4) and their associated lighting systems
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`1 https://glossary.oilfield.slb.com/en/terms/d/drilling_rig or the machine used to drill a Wellbore. For onshore Rotary
`Drilling Operations, the Rig includes virtually everything except the Living Quarters. The major components of the
`Rig include the Mud Tanks, the Mud Pumps, the Derrick or Mast (Jacknife Derrick), the Drawworks, the Rotary
`Table or Top Drive, the Drillstring, the Power Generation Equipment, and Auxiliary Equipment.
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` https://collinsdictionary.com or a Rotary Rig is the equipment used for drilling in most wells, which includes an
`engine and a hoisting, rotating and mud circulating system. The operating equipment of a Rotary Rig can be divided
`into three systems: hoisting, rotating, and circulation.
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` 2
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`3 https://www.petropedia.com/definition/1278/drilling-rig or a Drilling Rig is a piece of equipment that is used to
`create holes or wellbores in the earth's surface. Drilling Rigs are massive structures that house all the drilling
`equipment on board. Some of the major components of a drilling rig are:
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`• Mud Tanks
`• Mud Pumps
`• Mast (Jackknife Derrick)/ Derrick
`• Top Drive also known as rotary table
`• Drill string
`• Draw works
`• Primary power generation equipment & auxiliary power generation equipment.
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`4 https://www.petropedia.com/definition/7111/workover-rig or a Workover Rig are portable structures that is used to
`perform workover operations in a Well. Once the economic life of a Well is over, the rate of production starts to
`decline. Also, if there is a mechanical failure in the Well, its production may drop, thus, to boost up the production
`from these offline Wells, Workover Rigs are used. These are mobile and portable Rigs and can be easily moved
`from one location to another to perform Well repair, servicing and/or production enhancement work.
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`Petitioner Ensign
`Exhibit 1054 - Page 2 of 4
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`Case 6:21-cv-00544-ADA Document 15-4 Filed 07/26/21 Page 10 of 38
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`and/or the installation and application of lighting systems used to illuminate Wellsites where
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`Rotary Drilling or Well Servicing Operations are occurring. Refer to Figure 2.
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`This Rig’s Crown Block
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`This Rig’s Traveling Block
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`Note: This Rig’s
`Jacknife Derrick
`or Mast.
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`This Rig’s Rig Floor
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`This Rig’s Substructure
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`Figure 2: Illuminated Wellsite at dusk where Rotary Drilling Operations were underway.
`Note: Photograph provided from EPI’s Library with notations in Red by the Declarant.
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`Alternatively, one of ordinary skill in the art would have at least a high school
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`35.
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`diploma and 5 years of hands-on or design experience on Rotary Drilling Rigs and their associated
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`lighting systems and/or the installation and application of lighting systems used to illuminate
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`Rotary Drilling Operations. I meet the requirements of a person having ordinary skill in the art
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`under either of these alternatives.
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`Petitioner Ensign
`Exhibit 1054 - Page 3 of 4
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`Case 6:21-cv-00544-ADA Document 15-4 Filed 07/26/21 Page 27 of 38
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`Petitioner Ensign
`Exhibit 1054 - Page 4 of 4
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