Free Motion to Strike - District Court of Colorado - Colorado

Case 1:03-cv-02579-RPM

Document 109-3

Filed 09/19/2006

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The purpose of this document is to describe J. Ford Brett's analysis of the alleged infringement of the Pason AutoDriller of Bowden's patent 5,474,142.

Comments on Drilling Lexicon and meaning of 'Relaying':
Drilling jargon - "terms of artn - is sometimes confusing as there are often several names for the same thing. Of some importance in this case is that while drilling, advance of the drill string is directly linked with increasing weight on bit. Also releasing or lowering (some times called 'slacking off) the drill string (sometimes called drill pipe), and thus increasing the weight on bit is accomplished by means of the releasing or 'letting off the brake. So, for example, when a particular reference says "increasing weight on bitn, that is really identical to releasing or advancing the drill string, letting off the brake, 'slacking off', etc. Also possibly important when reviewing the literature is that positive displacement mud motors are also know as: PDMs, downhole motors, mud motors..or moyno motors, and that the drillingm e is also sometimes called: mud pressure, standpipe pressure, pump pressure or sometimes simply pressure. The relevant point here is that two references may use two completely different sets of words to describe EXACTLY the same physical phenomenon. This means that the basic functioning of the Pason system or the device described in the Bowden patent may, to someone skilled in the art, be very clearly described in prior art but use pompletely different words. Also important here is the meaning of the word 'relaying'. The Plaintiff cites in its 17 May Supplemental memorandum (but does not provide a copy of this important reference in a Webster's New World College Dictionary with the rest of exhibit 13) a definition of 'Relaying' to mean: "an act or of conveying or transmitting by or as by relays, an electromagnetic or electronic switching devices activate by a signal and usually used t o control a large current to activate another device or circuitn. But there are other possible meanings of the word 'relay' and the Plaintiff uses these other meanings when asserting infringement by the Pason system. As I don't have the exact definition cited by Plaintiff, www.Dictionary.com provides a good description of these different meanings. The following is the complete definition of the words 'relay' and 'relaying' from www.dictionary.com:

re-lay

(re la) n.

-1

-

.

1. An act o f pissing something along from one person, group, or station to another.

2. Sports.
a.

A relay race.

b. A division o f a relay race.
3. Electronics. A device that responds to a small current or voltage change b y activating switches or other devices in an electric circuit.
4. A c r e w of workers who relieve another crew; a shift.
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Ford Brett's Opinion-v21

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