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`Case 1:19-cv-00859-RTH Document 93 Filed 07/21/22 Page 1 of 3
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`IN THE UNITED STATES COURT OF FEDERAL CLAIMS
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`E-NUMERATE SOLUTIONS, INC. and
`E-NUMERATE, LLC,
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`Plaintiffs,
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`C.A. No. 19-859-RTH
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`v.
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`THE UNITED STATES OF AMERICA,
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`Defendant.
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`DEFENDANT’S UNOPPOSED MOTION TO AMEND THE SCHEDULING ORDER
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`Defendant United States (“Defendant” or the “Government”) hereby moves this Court
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`to amend the current Scheduling Order (D.I. 87) in this matter in light of the parties’ recent
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`agreement to provide a Joint Claim Construction Statement that in addition to providing each
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`side’s proposed constructions, and the identification of the party proposing the term for
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`construction, also identifies the intrinsic and extrinsic support for that position.
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`WHEREFORE, the additional time will allow the parties time to identify the
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`aforementioned intrinsic and extrinsic support for their proposed constructions;
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`WHEREFORE, counsel for Defendant is engaged in significant travel for the next
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`several weeks;
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`WHEREFORE, Defendant respectfully move this Court to amend the Scheduling Order as
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`follows, which the Plaintiffs do not oppose:
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`Case 1:19-cv-00859-RTH Document 93 Filed 07/21/22 Page 2 of 3
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`Event
`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
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`Prior Deadline
`22 July 2022
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`New Deadline
`10 August 2022
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`10 August 2022
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`10 August 2022
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`To be scheduled
`17 August 2022
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`To be scheduled
`17 August 2022
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`July 21, 2022
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`Of Counsel:
`SCOTT BOLDEN
`NELSON KUAN
`Department of Justice
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`Respectfully submitted,
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`BRIAN M. BOYNTON
`Principal Deputy Assistant Attorney General
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`GARY L. HAUSKEN
`Director
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`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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`Case 1:19-cv-00859-RTH Document 93 Filed 07/21/22 Page 3 of 3
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true copy of this sur-reply was sent by electronic mail this 21st day of
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`July 2022 to:
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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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`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
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`Attorney for the Defendant,
`the United States of America.
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`Of Counsel:
`SCOTT BOLDEN
`NELSON KUAN
`U.S. Department of Justice
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`Date: July 21, 2022
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