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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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`
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`
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`THE UNITED STATES,
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`Defendant.
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`No. 19-859 C
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`Judge Ryan T. Holte
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`DEFENDANT’S UNOPPOSED MOTION TO DEFER PROPOSED SCHEDULING
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`Defendant respectfully requests the Court for permission to present the joint proposed
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`schedule for resumption of the claim construction briefing on February 8, 2022. Pursuant to the
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`Court’s January 25, 2022, status conference, Plaintiffs shared a draft joint appendix listing
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`potential terms in dispute with Defendant. The exchange led to meaningful discussions including
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`how to present a party’s alternative constructions, the grouping of relevant competing terms, and
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`the reformulation of a shorter term within a lengthier term in order to present it to the Court in an
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`instructive manner. The parties believe that further discussions and confirmation of the draft joint
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`appendix will result in a more focused claim construction process. However, a scheduling conflict
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`for lead counsel for Defendant also arose on January 25, 2021, as the Court in Return Mail, Inc. v.
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`U.S., requested supplemental briefing on a summary judgment motion. Defendant respectfully
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`requests permission to present a proposed joint schedule (to be negotiated) for resumption of the
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`claim construction briefing to the Court on February 8, 2022. Plaintiffs are not opposed to this
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`Motion.
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`
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`Case 1:19-cv-00859-RTH Document 70 Filed 01/26/22 Page 2 of 3
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`January 26, 2022
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`Of Counsel:
`SCOTT BOLDEN
`NELSON KUAN
`Department of Justice
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`Respectfully submitted,
`
`BRIAN M. BOYNTON
`Acting Assistant Attorney General
`
`GARY L. HAUSKEN
`Director
`
`s/ Shahar Harel
`SHAHAR HAREL
`Trial Attorney
`Commercial Litigation Branch
`Civil Division
`Department of Justice
`Washington, DC 20530
`Email: Shahar.Harel@USDOJ.gov
`Telephone:
`(202) 305-3075
`Facsimile:
`(202) 307-0345
`COUNSEL FOR THE UNITED STATES OF AMERICA
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`
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`2
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`Case 1:19-cv-00859-RTH Document 70 Filed 01/26/22 Page 3 of 3
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`
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`CERTIFICATE OF SERVICE
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`I certify that a true copy of the foregoing was sent by e-mail this 26th day of January 2022
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`to:
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`
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`Of Counsel:
`SCOTT BOLDEN
`NELSON KUAN
`U.S. Department of Justice
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`Date: January 26, 2022
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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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`
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`
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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
`
`Attorney for the Defendant,
`the United States of America.
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`
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`3
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