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`In the United States Court of Federal Claims
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`No. 19-859
` (Filed: 20 July 2021)
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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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`*
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`Defendant
`*
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`***************************************
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`ORDER
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`On 27 April 2021, the Court entered a modified claim construction briefing schedule.
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`See Order, ECF No. 54. On 19 July 2021, plaintiffs filed an unopposed motion to modify the
`claim construction schedule “to provide [p]laintiffs additional time to review and consider [the
`government’s] invalidity contentions in this matter.” See Pls.’ Unopposed Mot. to Amend the
`Scheduling Order, ECF No. 56 at 1. Plaintiffs represent the parties have met all previous claim
`construction deadlines set by the Court in the 27 April 2021 order. Id. at 1–2.
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`In support of their motion to modify the claim construction schedule, plaintiffs note “the
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`[g]overnment’s invalidity contentions set forth 62 separate invalidity contentions based on
`alleged prior art either alone or in combination” and “the [g]overnment additionally advanced
`three invalidity contentions based on obviousness-type double patenting that also includes
`alleged prior art.” Id. at 2. Plaintiffs state they “require additional time to consider the
`multiplicity of invalidity theories advanced by the [g]overnment as well as the [g]overnment’s
`supplemental invalidity contentions before engaging in claim construction in this matter.” Id.
`For good cause shown, plaintiffs’ unopposed motion to modify the claim construction schedule
`is GRANTED. The Court ADOPTS the following modified claim construction briefing
`schedule.
`
`
`Event
`The government supplements
`its invalidity contentions
`Parties exchange claim terms
`for construction
`Parties exchange proposed
`claim constructions
`
`Prior Deadline
`N/A
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`New Deadline
`26 July 2021
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`20 July 2021
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`3 September 2021
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`3 August 2021
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`17 September 2021
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`Case 1:19-cv-00859-RTH Document 57 Filed 07/20/21 Page 2 of 2
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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
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`17 December 2021
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`To be scheduled
`30 November 2021
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`To be scheduled
`31 January 2022
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`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 its 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, the parties may
`submit a 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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`IT IS SO ORDERED.
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`s/ Ryan T. Holte
`RYAN T. HOLTE
`Judge
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`- 2 -
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