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`In the United States Court of Federal Claims
`No. 19-859
` (Filed: 7 October 2022)
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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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`Defendant.
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`***************************************
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`ORDER
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`As agreed by counsel for the parties during the status conference held on this day, see
`Order, ECF No. 96, the parties SHALL FILE the following by 17 October 2022 at noon
`(EDT):
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`1. The reexamination certificate for United States Patent 10,423,708 (“the ’708 Patent”);
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`2. A stipulation of dismissal with prejudice of Count 8 of the Second Amended Complaint, ECF
`No. 53, to remove the ’708 Patent; and
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`3. An updated Joint Claim Construction Statement, striking through references to the ’708
`Patent and complying with Judge Albright’s rules, including the following:
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`a. Page 7 states “[w]hen the parties submit their joint claim construction statement, in
`addition to the term in the parties’ proposed construction, the parties should indicate
`which party or side proposed that term, or if it was a joint proposal.”
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`b. Page 7 states “[i]f . . . the same or similar terms appear in multiple claims, those same
`or similar terms should be ordered according to the lowest patent number, lowest claim
`number, and order of appearance within the patent and claim.”
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`Additionally, as discussed during the status conference, the parties SHALL email the
`Court’s law clerk redline and clean copies of the updated joint claim construction statement in
`word document format by 17 October 2022 at noon (EDT).
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`Case 1:19-cv-00859-RTH Document 97 Filed 10/07/22 Page 2 of 2
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`Finally, as discussed at the end of the status conference, the Court would like the parties
`to thoughtfully consider the potential benefits of coming to agreement on related claim terms and
`reducing the number of claim construction disputes prior to the 17 October filing.
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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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