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`Case 1:19-cv-00859-RTH Document 110 Filed 03/28/23 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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`v.
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`THE UNITED STATES OF AMERICA,
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`Defendant.
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`C.A. No. 19-859-RTH
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`Judge Ryan T. Holte
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`DEFENDANT’S UNOPPOSED MOTION TO AMEND THE BRIEFING SCHEDULE
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`Defendant United States (“Defendant” or the “Government”) hereby moves this Court
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`to amend the current briefing schedule for supplemental claim construction briefs, see ECF
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`109 at *95, in this matter due to the temporary unavailability of its expert witness. The
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`additional time will allow Defendant’s expert to incorporate the Court’s recent decision into
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`his supplemental report. Defendant seeks seven (7) extra days and this is its first motion to
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`amend the schedule for the supplemental briefing. Defendant also seeks that Plaintiffs’ time
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`to respond also be extended by a commensurate seven (7) days.
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`WHEREFORE, one member of Defendant’s team was travelling abroad since the
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`Court issued its Markman Order and has been unavailable;
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`WHEREFORE, the additional time will allow Defendant and its expert to incorporate
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`the Court’s recent claim construction into the supplemental report and supplemental brief;
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`WHEREFORE, Defendant respectfully moves this Court to amend the current briefing
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`schedule as follows, which the Plaintiffs do not oppose:
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`Case 1:19-cv-00859-RTH Document 110 Filed 03/28/23 Page 2 of 3
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`Event
`Government shall file its
`supplemental brief regarding the
`indefiniteness terms and
`supplemental expert report
`Plaintiffs to file their response
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`Prior Deadline
`5 April 2023
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`New Deadline
`12 April 2023
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`19 April 2023
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`26 April 2023
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`March 28, 2023
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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 110 Filed 03/28/23 Page 3 of 3
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true copy of this filing was sent by electronic mail this 28th day of March
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`2023 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: March 28, 2023
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