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`Case 1:19-cv-00859-RTH Document 56 Filed 07/19/21 Page 1 of 5
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`IN THE UNITED STATES COURT OF FEDERAL CLAIMS
`
`E-NUMERATE SOLUTIONS, INC. and
`E-NUMERATE, LLC,
`
`Plaintiffs,
`
`C.A. No. 19-859-RTH
`
`v.
`
`THE UNITED STATES OF AMERICA,
`
`Defendant.
`
`PLAINTIFFS’ UNOPPOSED MOTION TO AMEND THE
`SCHEDULING ORDER
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`Plaintiffs e-Numerate Solutions, Inc., and e-Numerate, LLC (collectively “e-Numerate” or
`
`“Plaintiffs”) hereby moves this Court to amend the current Scheduling Order (D.I. 54) in this
`
`matter to provide Plaintiffs additional time to review and consider Defendant the United States of
`
`America’s (the “Government”) invalidity contentions in this matter. The parties met and conferred
`
`and the Government does not oppose this motion. In support thereof, Plaintiffs aver as follows.
`
`WHEREAS this litigation involves eight United States Patents and multiple claims within
`
`each patent;
`
`WHEREAS Plaintiffs served their preliminary infringement contentions in this matter on
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`December 15, 2020, when this litigation involved seven patents;
`
`WHEREAS Plaintiffs served supplemental preliminary infringement contentions on
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`February 26, 2021;
`
`WHEREAS Plaintiffs amended the Complaint on April 27, 2021, to assert United States
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`Patent 10,423,708;
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`1
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`Case 1:19-cv-00859-RTH Document 56 Filed 07/19/21 Page 2 of 5
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`WHEREAS Plaintiffs served its Second Supplemental Preliminary Infringement
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`Contentions on June 8, 2021 alleging infringement of over ninety (90) claims across eight patents;
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`WHEREAS the Government served its preliminary invalidity contentions (“invalidity
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`contentions” on July 6, 2021;
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`WHEREAS the Government’s invalidity contentions set forth 62 separate invalidity
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`contentions based on alleged prior art either alone or in combination;
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`WHEREAS the Government additionally advanced three invalidity contentions based on
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`obviousness-type double patenting that also includes alleged prior art;
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`WHEREAS the Government also advanced multiple invalidity theories under 35 U.S.C. §
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`112;
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`WHEREAS the Government has agreed to supplement aspects of its invalidity contentions
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`and to supplement its cover pleading to avoid motion practice;
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`WHEREAS Plaintiffs agree not to engage in motion practice regarding Defendant’s
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`invalidity contentions including with respect to their adequacy or conformance with this Court’s
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`rules (however, this agreement does not preclude Plaintiffs moving for summary judgment and/or
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`Daubert and/or motions in limine regarding the substance of the contentions and does not signify
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`agreement by Plaintiffs that the asserted claims are invalid); and
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`WHEREAS Plaintiffs require additional time to consider the multiplicity of invalidity
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`theories advanced by the Government as well as the Government’s supplemental invalidity
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`contentions before engaging in claim construction in this matter;
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`WHEREFORE, Plaintiffs respectfully move this Court to amend the Scheduling Order as
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`follows, which the Government does not oppose:
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`2
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`Case 1:19-cv-00859-RTH Document 56 Filed 07/19/21 Page 3 of 5
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`EVENT
`
`PRIOR DEADLINE
`
`NEW DEADLINE
`
`Defendant supplements its
`invalidity contentions
`Parties exchange claim terms
`for construction
`Parties exchange proposed
`claim construction
`Parties disclose extrinsic
`evidence they may rely upon
`for claim construction
`Deadline to meet and confer to
`narrow terms in dispute and
`exchange revised claim
`constructions
`Plaintiffs file their opening
`claim construction brief
`The Government files its
`responsive claim construction
`brief
`Plaintiffs file their reply claim
`construction brief
`The Government files it sur-
`reply claim construction brief
`The parties submit the joint
`claim construction statement
`and propose dates for the
`Markman hearing in the first
`half of January
`If desired, parties may submit
`joint technical tutorial to the
`Court
`Markman Hearing
`
`Deadline for the government
`to produce technical
`documents for additional
`agencies named in the second
`amended complaint.
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`
`
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`Dated: July 19, 2021
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`-
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`20 July 2021
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`3 August 2021
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`July 26, 2021
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`3 September 2021
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`17 September 2021
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`10 August 2021
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`24 September 2021
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`17 August 2021
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`1 October 2021
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`24 August 2021
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`8 October 2021
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`14 September 2021
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`29 October 2021
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`28 September 2021
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`12 November 2021
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`12 October 2021
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`3 December 2021
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`19 October 2021
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`10 December 2021
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`26 October 2021
`
`17 December 2021
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`To be scheduled
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`To be scheduled
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`30 November 2021
`
`31 January 2022
`
`Respectfully submitted,
`3
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`Case 1:19-cv-00859-RTH Document 56 Filed 07/19/21 Page 4 of 5
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`
`
`
`/s/ Sean T. O’Kelly
`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
`
`Attorneys for Plaintiffs
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`
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`4
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`Case 1:19-cv-00859-RTH Document 56 Filed 07/19/21 Page 5 of 5
`Case 1:19—cv-00859—RTH Document 56 Filed 07/19/21 Page 5 of 5
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