Case 1:19-cv-00859-RTH Document 36 Filed 11/23/20 Page 1 of 2
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`In the United States Court of Federal Claims
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`No. 19-859
` (Filed: 23 November 2020)
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`E-NUMERATE SOLUTIONS, INC. and
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`E-NUMERATE, LLC,
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`Plaintiffs,
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`v.
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`THE UNITED STATES,
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`Defendant
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`ORDER
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`On 19 November 2020 the parties filed a Joint Preliminary Status Report (“JPSR”) with
`the Court pursuant to Section III of Appendix A of the Rules of the United States Court of
`Federal Claims. See Joint Preliminary Status Report, ECF No. 35. On 23 November 2020, the
`Court held a telephonic status conference to discuss the JPSR and any disputes raised by the
`parties therein. See Order, ECF No. 34. At the 23 November status conference, the parties
`expressed to the Court a protective order is necessary and a proposed joint protective order will
`be submitted on or before 14 December 2020. Accordingly, the parties SHALL FILE a joint
`protective order, or their respective positions on a proposed protective order, on or before 14
`December 2020.
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`As agreed by all parties during the 23 November status conference, the parties shall be
`allowed to engage in all necessary third-party discovery, except third-party depositions,
`beginning 24 November 2020. Further, as agreed by all parties, the Court does not need to
`resolve at this time disputes between the parties raised in the JPSR related to: bifurcation of
`discovery or trial; representative claim terms; representative third-party products; or any other
`related discovery disputes.
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`The following claim construction briefing schedule is adopted from the parties’ JPSR.
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`The claim construction briefing schedule adopted by the Court is similar to the patent case
`management schedule of Judge Albright in the United States District Court, Western District of
`Texas (Order Governing Proceedings – Patent Cases, latest version).
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`Event
`Plaintiff serves preliminary infringement
`contentions, identify the earliest priority date,
`and shall produce: (1) all documents
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`14 December 2020
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`Date
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`Case 1:19-cv-00859-RTH Document 36 Filed 11/23/20 Page 2 of 2
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`16 February 2021
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`evidencing conception and reduction to
`practice for each claimed invention, and (2) a
`copy of the file history for each patent in suit.
`The government serves preliminary invalidity
`contentions and shall produce: (1) all prior art
`referenced in the invalidity contentions, (2)
`technical documents sufficient to show the
`operation of the accused products, and (3)
`summary, annual sales information for the
`accused products for the two years preceding
`the filing of the complaint.
`Parties exchange claim terms for
`construction1
`Parties exchange proposed claim
`constructions
`Parties disclose extrinsic evidence they may
`rely upon for claim construction
`Deadline to meet and confer to narrow terms
`in dispute and exchange revised constructions
`Plaintiff files opening claim construction brief 5 April 2021
`Government files responsive claim
`26 April 2021
`construction brief
`Plaintiff files reply claim construction brief
`Government files sur-reply claim construction
`brief
`Parties submit joint claim construction
`statement
`Parties submit joint technical tutorial to the
`Court2
`Markman hearing
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`1 March 2021
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`15 March 2021
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`22 March 2021
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`29 March 2021
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`10 May 2021
`24 May 2021
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`27 May 2021
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`1 June 2021
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`Approximately two weeks after government
`files its sur-reply claim construction brief
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`IT IS SO ORDERED.
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`s/ Ryan T. Holte
`RYAN T. HOLTE
`Judge
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`1 As noted by the Court during the 23 November status conference, the Court anticipates the parties will follow the
`limits on the number of claim terms to be construed described in the “Limits for Number of Claims Terms to be
`Construed” section of the patent case management rules of Judge Albright in the United States District Court,
`Western District of Texas.
`2 As agreed by all parties during the 23 November status conference, the Court anticipates the parties will submit a
`joint technology tutorial.
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