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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

NCS MULTISTAGE INC.,

 Plaintiff

-vNINE ENERGY SERVICE, INC.,

 Defendants.

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6:20-CV-00277-ADA

CLAIM CONSTRUCTION ORDER

Before the Court are the parties’ claim construction briefs: Plaintiff NCS Multistage Inc.’s

opening, responsive, and reply briefs (ECF No. 41, 45, and 49, respectively) and Defendant Nine 

Energy Service, Inc.’s opening, responsive, and reply briefs (ECF No. 42, 44, and 49, 

respectively). The Court provided preliminary constructions on January 11, 2021 and held the 

Markman hearing on January 14, 2021. Taking into consideration the parties’ briefs and arguments 

at the Markman hearing, the Court enters its constructions as the final constructions for each term 

as shown below. 

# Claim Term NCS’ Proposed 

Construction

Nine’s Proposed 

Construction

Court’s FINAL

Construction

1 “internal 

diameter” 

(Claims 1, 22, 

28, 50)

No construction. the diameter of a fluid channel 

measured perpendicularly from 

the inner wall of the fluid 

channel through the center of 

the fluid channel, to the 

opposite inner wall

Plain and ordinary 

meaning where the 

plain and ordinary 

meaning can refer 

to both an inner 

surface and a 

measured 

diameter. 

2 “tubular 

member” 

(Claims 1, 22, 

28, 50)

No construction. an upper tubular member, and a 

lower tubular member coupled 

with the upper tubular member

Plain and ordinary 

meaning.

Case 6:20-cv-00277-ADA Document 56 Filed 01/14/21 Page 1 of 3
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3 “sealing 

engagement” 

(Claims 1, 22, 

28, 50, 55)

a substantially 

fluid-tight seal

attached or secured to create a 

fluid-tight seal

a substantially 

fluid-tight seal

4 “rupturing 

force” (Claims 

1, 22, 27, 56, 

57)

a hydraulic 

pressure or 

impact force 

sufficient to 

rupture the 

rupture disc

Term is Indefinite Under 35 

U.S.C. § 112 

Proposed Alternative: 

“rupturing hydraulic pressure”

a hydraulic 

pressure or impact 

force sufficient to 

rupture the rupture 

disc

5 “the rupture 

disc 

is...configured 

to rupture 

when exposed 

to a rupturing 

force greater 

than the 

rupture burst 

pressure” 

(Claims 1, 22, 

29, 56)

the rupture disc 

can rupture if 

exposed to 

hydraulic 

pressure that is 

higher than its 

rupture burst 

pressure

Term is Indefinite Under 35 

U.S.C. § 112 

Proposed Alternative – “the 

rupture disc will rupture when 

exposed to a rupturing 

hydraulic pressure greater than 

the rupture burst pressure”

the rupture disc 

can rupture when 

exposed to a 

rupturing 

hydraulic pressure 

greater than the 

rupture burst 

pressure

6 “the region of 

the tubular 

member where 

the rupture 

disc is 

attached has a 

larger internal 

diameter than 

the internal 

diameter of the 

casing string 

and is parallel 

to the internal 

diameter of the 

casing string” 

(Claims 1, 22, 

28, 50)

in the region of 

the tubular 

member, the 

rupture disc is 

directly secured 

to and in sealing 

engagement with 

a cylindrical 

surface that is 

wider than and 

parallel to the 

inner surface of 

the casing string

Term is Indefinite Under 35 

U.S.C. § 112 

Proposed Alternative –a flat 

surface of the tubular member 

where the rupture disc is 

fastened, affixed, joined, or 

connected to the tubular 

member is circular and has a 

diameter larger than the 

internal diameter of the casing 

string, and defines a plane that 

is parallel to a plane defined by 

the set of internal diameters at a 

location in the casing string

Plain and ordinary 

meaning where the 

plain and ordinary 

meaning is “in the 

region of the 

tubular member, 

the rupture disc is 

directly secured to 

and in sealing 

engagement with a 

cylindrical surface 

that is wider than 

and parallel to the 

inner surface of 

the casing string.”

7 “specific 

gravity... of 

the well fluid” 

(Claims 24, 

52)

No construction. Term is Indefinite Under 35 

U.S.C. § 112

Plain and ordinary 

meaning. 

Case 6:20-cv-00277-ADA Document 56 Filed 01/14/21 Page 2 of 3
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8 “rupture disc 

is configured 

to disengage 

from sealing 

engagement 

when exposed 

to a pressure 

greater than a 

hydraulic 

pressure in the 

casing string” 

(Claims 28 

and 50)

the rupture disc, 

before rupturing, 

can move relative 

to the region 

when exposed to 

a pressure that is 

greater than a 

hydrostatic 

pressure in the 

casing string (i.e. 

a disengaging 

pressure)

Term is Indefinite Under 35 

U.S.C. § 112

Plain and ordinary 

meaning.

9 “disengage the 

rupture disc 

from sealing 

engagement” 

(Claim 55)

before rupturing, 

move the rupture 

disc relative to 

the region

disengage the rupture disc from 

being attached or secured to 

create a fluid-tight seal

Plain and ordinary 

meaning. 

SIGNED this 14th day of January, 2021.

ALAN D ALBRIGHT

UNITED STATES DISTRICT JUDGE

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