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`In the United States Court of Federal Claims
`
`No. 19-859
` (Filed: 14 December 2020)
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`***************************************
`E-NUMERATE SOLUTIONS, INC. and
`*
`E-NUMERATE, LLC,
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`Plaintiffs,
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`v.
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`THE UNITED STATES,
`*
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`*
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`Defendant
`*
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`*
`***************************************
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`ORDER
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`On 23 November 2020, the Court issued an order scheduling claim construction briefing
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`and directing the parties to file a joint protective order on or before 14 December 2020. See
`Order, ECF No. 36. On 14 December 2020, the parties filed a joint motion requesting the Court
`“extend the deadlines for submitting the Protective Order in this matter and several dates relating
`to the initial disclosures set forth in the Court of Federal Claims Patent Rules.” See Joint Mot. to
`Extend Certain Deadlines, ECF No. 37. Specifically, the parties request the Court modify the
`claim construction briefing schedule with respect to plaintiffs’ deadline to serve preliminary
`infringement contentions, plaintiffs’ deadline to serve documents related to the preliminary
`infringement contentions, the government’s deadline to serve its preliminary invalidity
`contentions, and the government’s deadline to serve documents related to its preliminary
`invalidity contentions. Id.
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`The parties express they “have made significant progress on the negotiation of the
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`[Protective] Order” and an extension of time to submit the joint protective order is necessary to
`allow for the parties to engage in “additional discussions.” Id. at 2. The parties further express
`an extension of the deadline for plaintiffs to serve preliminary infringement contentions is
`necessary “to accommodate a scheduling conflict Plaintiffs’ attorneys have in an unrelated
`matter,” and “[t]he extension of the deadline for the document production accompanying the
`infringement contentions is [necessary] to allow for the processing of the documents.” Id.
`Finally, the parties state the request for extensions of the deadlines for the government to serve
`preliminary infringement contentions and make the accompanying document production are “to
`account for the extension granted to [p]laintiffs.” Id.
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`For good cause shown, the parties’ joint motion is GRANTED. The parties SHALL
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`FILE a joint protective order, or their respective positions on a proposed protective order, on or
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`
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`Case 1:19-cv-00859-RTH Document 38 Filed 12/14/20 Page 2 of 3
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`before 21 December 2020. Further, the Court adopts the following modified claim construction
`briefing schedule.
`
`
`Event
`Plaintiffs serve preliminary
`infringement contentions
`Plaintiffs serve documents
`related to preliminary
`infringement contentions
`The government serves
`preliminary invalidity
`contentions
`The government serves
`documents related to
`preliminary invalidity
`contentions
`Parties exchange claim terms
`for construction
`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
`Government files responsive
`claim 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 Court
`Markman hearing
`
`Prior Deadline
`14 December 2020
`
`New Deadline
`15 December 2020
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`14 December 2020
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`18 December 2020
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`16 February 2021
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`17 February 2021
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`16 February 2021
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`19 February 2021
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`1 March 2021
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`1 March 2021
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`15 March 2021
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`15 March 2021
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`22 March 2021
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`22 March 2021
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`29 March 2021
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`29 March 2021
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`5 April 2021
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`5 April 2021
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`26 April 2021
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`26 April 2021
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`10 May 2021
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`10 May 2021
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`24 May 2021
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`24 May 2021
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`27 May 2021
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`27 May 2021
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`1 June 2021
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`1 June 2021
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`Approximately two weeks
`after government files its sur-
`reply claim construction brief
`
`Approximately two weeks
`after government files its sur-
`reply claim construction brief
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`IT IS SO ORDERED.
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`- 2 -
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`Case 1:19-cv-00859-RTH Document 38 Filed 12/14/20 Page 3 of 3
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`s/ Ryan T. Holte
`RYAN T. HOLTE
`Judge
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`- 3 -
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