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`IN THE UNITED STATES COURT OF FEDERAL CLAIMS
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`Plaintiffs,
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`v.
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`E-NUMERATE SOLUTIONS, INC. and
`E-NUMERATE, LLC,
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`THE UNITED STATES OF AMERICA,
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`C.A. No. 19-859-RTH
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`Defendant.
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`JOINT MOTION TO EXTEND DEADLINE
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`Plaintiffs e-Numerate Solutions, Inc. and e-Numerate, LLC (collectively “e-Numerate”)
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`and Defendant United States (“the Government”) jointly move this Court to modify certain
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`deadlines in this matter discussed in the Status Conference of October 7, 2022. See ECF No. 97.
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`The parties have been working to group disputed claim terms in order to present the issues in a
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`meaningful manner to the Court, stipulating to a dismissal with prejudice of Count VIII of the
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`Second Amended Complaint (ECF No. 53) that is directed to the alleged infringement of U.S.
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`Patent No. 10, 423,708, and providing additional dictionary definitions requested by the Court and
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`an ex parte reexamination certificate. The parties met and conferred with each other about the
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`format of these documents but due to scheduling conflicts that caused the meet and confer process
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`to take longer than expected were unable to finalize the submissions by the due date set forth in
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`the Court’s Order. The parties apologize to the Court for this delay and respectfully move the
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`Court to extend the deadline set in this Court’s Order of October 7, 2022 (ECF No. 97) to the time
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`at which it rules upon this motion and deem the attached revised Joint Claim Construction
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`Case 1:19-cv-00859-RTH Document 102 Filed 10/20/22 Page 2 of 3
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`Statement and previously filed Joint Stipulation of Dismissal (ECF No. 101) as filed as of that
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`Respectfully submitted,
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`/s/ Sean T. O’Kelly (with permission)
`Sean T. O’Kelly
`Gerard M. O’Rourke
`O’KELLY & O’ROURKE, LLC
`824 N. Market Street, Suite 1001A
`Wilmington, DE 19801
`302-778-4000
`sokelly@okorlaw.com
`gorourke@okorlaw.com
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`Attorneys for Plaintiffs
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`time.1
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`Dated: October 20, 2022
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`Of Counsel:
`SCOTT BOLDEN
`NELSON KUAN
`Department of Justice
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`BRIAN M. BOYNTON
`Principal Deputy Assistant Attorney General
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`GARY L. HAUSKEN
`Director
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`s/ Shahar Harel
`SHAHAR HAREL
`Commercial Litigation Branch
`Civil Division
`Department of Justice
`Washington, DC 20530
`Email:
`Shahar.Harel@udsoj.gov
`Telephone:
`(202) 305-3075
`Facsimile:
`(202) 307-0345
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`COUNSEL FOR THE UNITED STATES OF
`AMERICA
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`1 Alternatively, if the Court prefers, the parties will separately refile these after the Court has
`ruled on this motion.
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`Case 1:19-cv-00859-RTH Document 102 Filed 10/20/22 Page 3 of 3
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`I hereby certify that a true copy of this motion was sent by electronic mail this 20th day of
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`October 2022 to:
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`Sean T. O’Kelly
`Gerard M. O'Rourke
`O’KELLY & O’ROURKE, LLC
`824 N. Market Street, Suite 1001A
`Wilmington, DE 19801
`302-778-4000
`sokelly@okorlaw.com
`gorourke@okorlaw.com
`
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`Of Counsel:
`SCOTT BOLDEN
`NELSON KUAN
`U.S. Department of Justice
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`Date: October 20, 2022
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`s/ Shahar Harel
`SHAHAR HAREL
`Trial Attorney
`Intellectual Property Section
`Commercial Litigation Branch
`Civil Division
`U.S. Department of Justice
`Washington, DC 20530
`Shahar.Harel@usdoj.gov
`Tel: (202) 305-3075
`Fax: (202) 307-0345
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`Attorney for the Defendant,
`the United States of America.
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