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`Case 1:19-cv-00859-RTH Document 74 Filed 02/08/22 Page 1 of 4
`
`IN THE UNITED STATES COURT OF FEDERAL CLAIMS
`
`E-NUMERATE SOLUTIONS, INC. and
`E-NUMERATE, LLC,
`
`Plaintiffs,
`
`v.
`
`THE UNITED STATES OF AMERICA,
`
`Defendant.
`
`C.A. No. 19-859-RTH
`
`JOINT MOTION TO AMEND THE SCHEDULING ORDER
`
`Pursuant to the status conference held on 25 January 2022, Plaintiffs e-Numerate Solutions,
`
`Inc., and e-Numerate, LLC (collectively “e-Numerate” or “Plaintiffs”) and Defendant United
`
`States move this Court to amend the current Scheduling Order (D.I. 66) as follows.
`
`EVENT
`
`PRIOR DEADLINE
`
`NEW DEADLINE
`
`Defendant serves any
`supplemental expert
`declaration it may rely
`upon for indefiniteness
`terms or terms to be
`construed under § 112
`¶ 61
`Deadline to meet and
`confer to narrow terms
`in dispute
`Plaintiffs file their
`opening claim
`construction briefs and
`
`-
`
`-
`
`11 February 2022
`
`18 February 2022
`
`24 January 2022
`
`11 March 2022
`
`
`1 Plaintiffs agree that they will not move to strike this declaration as late.
`
`
`
`Case 1:19-cv-00859-RTH Document 74 Filed 02/08/22 Page 2 of 4
`
`any expert declaration
`they may rely upon2
`The government files
`its responsive claim
`construction briefs
`Plaintiffs file their
`reply claim
`construction briefs
`The government files
`its sur-reply claim
`construction briefs
`Plaintiffs file their sur
`reply claim
`construction brief
`regarding
`indefiniteness terms
`The parties submit the
`joint claim
`construction statement
`and propose dates for
`the Markman hearing
`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
`
`
`Dated: February 8, 2022
`
`
`
`
`
`
`
`28 February 2022
`
`25 April 2022
`
`14 March 2022
`
`9 May 2022
`
`28 March 2022
`
`23 May 2022
`
`-
`
`6 June 2022
`
`4 April 2022
`
`13 June 2022
`
`11 April 2022
`
`20 June 2022
`
`To be scheduled
`
`To be scheduled
`
`25 April 2022
`
`5 July 2022
`
`
`Respectfully submitted,
`
`/s/ Sean T. O’Kelly (with permission)
`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
`
`
`2As discussed at the status conference held on 25 January 2022, the parties will file parallel briefs on
`the same date including a main brief and a second brief directed to indefiniteness terms and/or terms to
`be construed under § 112 ¶ 6.
`
`
`
`2
`
`
`
`Case 1:19-cv-00859-RTH Document 74 Filed 02/08/22 Page 3 of 4
`
`sokelly@okorlaw.com
`gorourke@okorlaw.com
`
`Attorneys for Plaintiffs
`
`Of Counsel:
`SCOTT BOLDEN
`NELSON KUAN
`Department of Justice
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`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
`
`3
`
`
`
`Case 1:19-cv-00859-RTH Document 74 Filed 02/08/22 Page 4 of 4
`
`CERTIFICATE OF SERVICE
`
`I certify that a true copy of the foregoing was sent by e-mail this 8th day of February 2022 to:
`
`
`
`
`
`
`
`
`Of Counsel:
`SCOTT BOLDEN
`NELSON KUAN
`U.S. Department of Justice
`
`
`
`
`
`
`
`
`
`Date: February 8, 2022
`
`
`
`
`
`
`
`
`
`
`
`
`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
`
`
`
`
`
`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.
`
`
`
`
`
`
`4
`
`
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